Legal Question in Real Estate Law in New York

There is a strip of property between mine and my neibor's house that is overgrown and unmaintained and has been for more than 10 years. It is owned by the house diagnolly in back of my house, with no access from any side. Dead trees from this property have fallen through my fence on and on my house. THe owner has been made aware of the problem but does nothing about it. If we start maintaining the property, will we become the owners after a certain amount of time?


Asked on 9/02/12, 12:26 pm

1 Answer from Attorneys
Philip Katz Fink & Katz, PLLC

Under the existing NYS Adverse Possession Laws, the existence of de minimus non-structural encroachments including, but not limited to, fences, hedges, shrubbery, plantings, sheds and non-structural walls, shall be deemed to be permissive and non-adverse. Therefore your act of lawn mowing or similar maintenance across the boundary line of an adjoining landowner�s property shall be deemed permissive and non-adverse, and even if you do that for 10 years it will not give you the right to claim ownership under adverse possession laws.

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Answered on 9/03/12, 7:49 am


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