Legal Question in Real Estate Law in New York
property lineinfringment
my neighbors driveway is two feet on my side of the property line can i reclaim this property he says its his if this is true it could affect myabalityto rebuild my garage if somethinghappened to it i wish to put up a fence on the property line can i do this?
1 Answer from Attorneys
Re: property lineinfringment
NY follows the law of the deed and survey. If he overbuilt you can certainly ask him to remove that which is on your property...You can ask him for a rental amount...But if you want to keep it friendly, then make sure you get some writing saying you'll allow for him to keep the driveway encroachment, but you are not waiving rights to take back this agreement at anytime on X notice. As the State does recognize the 7 year claim of open use. So if he has been there for more than 7 years, it could be his proerty.
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