Legal Question in Real Estate Law in New York

''sqatters rights''

At the end of Oct. 03, I purchased a 1.3 acre parcel which I moved on April 16, 04. On the back line (WAS) a barbed wire fence. The posts were rotten and the wire disconnected from some posts and just hanging. Saplings and pricker bushes were woven through the fence.The piece appeared smaller than 1.3 and the spring that according to my deed was supposed to be located on me was on the other side of the barbed wire fence. My neighbor 2 houses over owns the field and supposively owned the barbed wire fence. So in May I ordered up a survey and the survey company surveyed it June 04 and I found out that the fence was over on me 30 feet by 200 ft long(the length of my back line). A week prior to the survey company pinning the lot, the neighbor stated he needed to replace the fence because it was in poor shape. So after my lot was pinned I removed the fence, mowed my grass, removed my prickers and saplings. Needless to say the neighbor is pissed and is possibly claiming sqatters rights. We have not heard from them or their attorney yet. My 1st next door neighbor claims the fence was only there for 4 yrs or so and the property is just a grown up hay field.They have no farm.Does he have rights to claim my land as his? Know a good lawyer?


Asked on 7/08/04, 5:08 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: ''sqatters rights''

What you call "squatters rights" is legally known as "adverse possession", but the concepts are similar. If someone, not the owner of property, openly and notoriously occupies it as if it were theirs, for an extended length of time, without permission of the true owner, they may acquire ownership rights. The time period is usally more than 4 years to acquire these rights. Since your survey indicated the fence was on your property, improperly, you had the right to remove it, using self-help, although contacting your neighbor and demanding its removal might have been better. If you are sued, your defense is the survey and the property violation. Call the local Bar Association and ask for its referral service who can recommend local attorneys specializing in theser matters. I would have taken pictures before the removal to establish the location as being on your property and the codition. If your neighbor wants to be mean, anticipate a suit stating the fence was actually on his property and it was in good condition. I hope the survey indicated the location of the fence which would thwart the location claim.

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Answered on 7/08/04, 5:17 pm


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