Legal Question in Real Estate Law in New York

Property Infringement

My neighbor put his mailbox on my property without permission and the post office says there is nothing they can do as the only assume people have permission to do so. They said they do not police such things and that it is a civil manner. Will i get in trouble if i move it back onto his land, or what are my legal rights. He is spraying weed killer around the mailbox and killing my grass and refuses to move it...saying he can put his mailbox anywhere he wants. What can i do????/


Asked on 9/22/02, 10:02 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Property Infringement

He has committed a trespass and you have to enforce your legal rights in court or he will claim the property as his. Good luck.

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Answered on 9/22/02, 11:55 am
Walter LeVine Walter D. LeVine, Esq.

Re: Property Infringement

Since the neighbor will not remove it voluntarily, you may have to start a suit against him, seeking to have him ordered to remove the mailbox, plus claiming adverse possession and damages for the lost grass. If you do nothing, you could over time be deemed to have granted him the right to continue to improperly use your land. I suggest having an attorney write him first, to try to resolve this amicably. If he still refuses, start your suit.

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Answered on 9/23/02, 9:30 am


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