Legal Question in Real Estate Law in New York

Squatters Rights?

I own a business on my property, I have used a small piece of my neighbors property for my business for approximately the last 22 years. Recently that neighbor was conducting a survey of his property lines, do I have any rights since I have had open and unobjectanable use of this piece for so long a time period?


Asked on 10/15/04, 3:43 pm

2 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Squatters Rights?

Adverse possession is the proper claim, but it may need to be adjudicated in the Courts. Your open and notorious use of a portion of the neighbor's property for a continuous period (the period depends upon state law), runs from 10 to 20 years or beyond. Check with a local real estate attorney before you do anything. If you have not meet the time requirement, then negotiate.

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Answered on 10/17/04, 12:43 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Squatters Rights?

You might have a cause of action under a theory "Squatters Rights" Adverse Possession, and etc..

But, it would be a better use of your time and money to attempt to negotiate settlement of the property line issues.

Your neighbor is likely to have an equally or stronger claim for substanial sums of money

due your Use & Occupancy, him being a defacto "silent partner" in your business, entitling him to profits; your "illegal commercial use" of residential property, causing damage or injury to his intersts, fraud, misrepresentation, and etc..

Find a way to make your neighbor "whole," without going out of business, or going to Court.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 10/16/04, 4:38 pm


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