Legal Question in Real Estate Law in New York
Question about posting property against trespass
Can I post my property against trespass by a neighbor threatening my property? The law on posting addresses mainly fishing and hunting. Last year, the town mistakenly dumped a stone fill for the neighbors on my property. After the fill was dumped, we had a survey done and found the property line was above this fill and contained a portion of woods between our two homes. The neighbors said they would like to remove the fill, but they also wanted to remove the trees on our lot to improve their view � we live on a hillside. The neighbors have walked into the woods and cut down trees. After catching the neighbors I stated I did not want the fill removed nor have any trees damaged. Afterwards, I contacted a surveyor to put in pins along the property line. An excavator for our neighbors has crossed the property line and removed the fill. I would like to prevent the neighbors from following through their threat of cutting down the trees. The fill and its removal damaged some property. I have sent a letter stating not to damage any more property - but the neighbors have no reservations on telling contractors to cross the property line. The signs would serve as a warning to the contractors. Can I post? Is there anything more I can do?
1 Answer from Attorneys
Re: Question about posting property against trespass
Better than posting a sign. I suggest you apply to your County Court for a permanent restraining order preventing them from any activity on your property plus, include in the application, a damage claim for what they have done already. I suggest you take pictures of the damage and tree removal. If you do not have an attorney to assist you, contact your local County Bar Association which should have a referral service.
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