Legal Question in Real Estate Law in New York

Real Estate - Encroachment

My mother is ready to sell her property she owns in upstate New York. She purchased it 35 years ago and placed a mobile home on it. It was discovered shortly after that a part of her mobile home is a few feet on the property next door. The neighbor has never had a problem with this until now. He says that whoever purchases the property will have to move the mobile home off his property. Can he legally force the new owner to do this?


Asked on 11/01/07, 9:33 am

1 Answer from Attorneys
Seth Kaufman Kaufman PLLC

Re: Real Estate - Encroachment

The doctrine of "adverse possession" may apply - the statute of limitations can bar a landowner from bringing a claim to enforce their rights against another under certain factual circumstances. Your mother would need to show that she occupied the land in an open and notorious manner as if she were the owner, among other things. She should consult a local real estate attorney to determine the strength of her position.

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Answered on 11/01/07, 1:35 pm


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