Legal Question in Real Estate Law in New York
Property Boundary
Guy next door is building commercial building. He excavated onto my residential property by about 12-18 inches. Now he claims that property is his according to a survey he has.
I grew up in this house. My survey, dated 1953, shows he's over the line. Title insurance company long gone but the survey map is very detailed.
The common boundary fence has been in place for 50+ years. The property next door has sold several times and no one disputed the boundary.
I had local buildings dept. here. They cited him for crossing the property line.
His lawyer wrote me saying the guy is within his rights. Went on to threaten me by insisting that I tear down a garage whose wall forms a part of the boundary saying it's unsafe. It's a concrete building and quite solid. They also say the roof of garage shed water, etc on adjoining property.
Any suggestions on how to deal with this without ending up in prison for homicide or in the rubber room of the looney bin?
2 Answers from Attorneys
Re: Property Boundary
You can stay sane and in control by knowing your rights when you need to. Three is a good chance that you can make them get off your property or pay you for the use of your property. Don't remove anything that would show that you have claimed all of your property and demonstrated that claim by building on your property, for example your garage. You could just add a small gutter to keep the water on your side if necessary. It sounds like they want you to take actions that will hurt your position if this went to court. You should consult with an attorney within a week on this because time is against you and you will lose your claim to the land if you do not take non-violent action to protect your claim, and you don't want them to get your land!
Good luck!
Re: Property Boundary
There is a New York law that addresses "adverse possession" claims for boundary disputes.
I would need to review a copy of your survey and deed for the full property description to advise of your options.
You should not hesitate to contact an attorney regarding this matter as there are time restraints.
Good luck!
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
