Legal Question in Real Estate Law in New York
Property boundary line
The survey of the property i am about to buy - shows that our fence is 4 feet more inside on our own property and one of the neighbor's fence is coming 4 feet over our property. as a goodwill gesture i got a revised survey and gave a copy to the neighbour. he has a small portion of his fence touching our existing fence.he is not interested in taking his fence back for those 4 feet. looking at this situation i was thinking of extending our fence to reclaim property as per the survey.
what are my rights and can the neighbour sue me for breaking his fence?
1 Answer from Attorneys
Re: Property boundary line
The problem here is that your neighbor to be may own the property inside his fence under a doctrine known as prescriptive use.
If he has used the property openly for the period of time set forth in the statute, it may be his.
However, each situation is unique upon the particular facts.
I urge you to consult an experienced real estate attorney.
In addition, you should ask your title company if they will insure title for the disputed piece.
This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns.
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