Legal Question in Real Estate Law in New York

property line

there is a small strip of land running beside my propety that belongs to a neighboring home i have maintained this strip of land for 18 years, i put up a fence 8 years ago that is over my property line about 8 feet, the property was sold and the new owner visited me saying he will now be taking care of the property and wants me to move my fence off it, do i have any rights?


Asked on 8/07/08, 5:32 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: property line

You may have some rights under the doctrine of Adverse Possession.

There are five essential elements necessary to constitute an effective adverse possession. Specifically, the possession must be:

(1) hostile and under a claim of right;

(2) actual;

(3) open and notorious;

(4) exclusive; and

(5) continuous for the statutory period.

The statutory period is 10 years.

The fence was placed on the property 8 years ago. If you demand a right of ownership under adverse possession, you may have a problem demonstrating that your claim of right was open and notorious and exclusive (there was no fence).

Mike.

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Answered on 8/08/08, 9:08 am


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