Legal Question in Real Estate Law in New York
Property Lines
I had a survey done recently on my house. The survey company placed stakes on the proprty line. He told me that my neighbors could not legally remove these stakes. Is this true? I also want to move back our fence (6''-1')closer to the property line. However, my neighbors have built up gardens (to the point where my old fence is bowing from the weight of the gardens), a shed and a fence against abutting my fence. So basically, everything abutting the fence currently is encroaching on my property. They have refused to move their belongings. What can I do? Can I remove their belongings that are on my property? Do I contact my town or do I have to go to court??
1 Answer from Attorneys
Re: Property Lines
It is true that there is a law against removing surveyor stakes.
You should not remove their belongings. You need to go to court. However, it is possible that they may counter sue for adverse possession if they have used this area for 10 years and meet other criteria. If so, this bit of property will legally belong to them.
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