Legal Question in Real Estate Law in New York
Property boundary lines
I have lived in my home for 5 years. My neighbor has been in hers for 3 years. When we bought these houses, her driveway was on the line of my property. There is a set back of 3 feet for driveways in this town. I want to know if I can make her move her driveway three feet off my line. The driveway has been there for more than ten years. Thank you.
1 Answer from Attorneys
Re: Property boundary lines
You probably have no recourse for several reasons. If you had a survey at the time of purchase, why did you do nothing? Your delay of 5 years from your purchase and 3 years from the neighbor's, would probably work against you, as it could be interpreted as acceptance of the condition. Also, if the condition existed for 10 years, there is probably the right of adverse possession (open and notorious use) in favor of your neighbor, which would deny your claim now.
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