Legal Question in Real Estate Law in New York

who owns the rocks??

Last year, a neighbor had a fill of rocks brought in to shore up his driveway. His driveway is at a top of a hill and the slope was starting to undercut his driveway. The fill was done in such a way that the rocks spilled over the property line to the depth of 4 feet. Because we were not exactly sure of the property line, we had the land surveyed and found out the fill crossed the line. The fill comes over the line about six feet to the depth of four feet then dropping off rapidly to the six feet across line as mentioned. My question is - who owns the rock? The neighbor did not pay for the fill - it came from the town at his request. Its been there for about a year.


Asked on 6/07/04, 4:19 pm

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

Re: who owns the rocks??

Since your neighbor brought it in, it is his. Since he deposited on your property he has committed a technical trespass. You can require him to remove it and place it on his land. I suggest you write him a certified letter and give him a copy of your survey to verify he placed it on your land.

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Answered on 6/08/04, 10:15 am
Robert R. Groezinger GroezingerLaw P.C.

Re: who owns the rocks??

It came from your neighbor, onto your property. Seems you have an unwanted 'present" from him.

Have him remove it now that the "lines" are drawn.

Good Luck

RRG

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Answered on 6/07/04, 4:24 pm


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