New York  |  Real Estate Law

Legal Question

Asked on: 11/05/13, 12:39 pm

I purchased some land in 2009 and noticed that a neighbor had been parking on it since her purchase in 1993. The previous owner and I expressly allowed her access to her property to avoid adverse possession issues, but I told her that she could not improve the pathway to her house. As I live 500 miles away , I was not aware that she had been gradually widening the pathway and addind crushed stone on it. This September I had the boundary surveyed and ea fence with the Village permission. Last week he had her lawyer write me a letter that if I didn't remove the fence ( and towing signs that so far have been successful in keeping her off). HE said that if we didn't remove the fence and "stop bothering her", he would "file suit in the Supreme Court, seek a Temporary Injunction forcing me to remove all fences, signs...while additionally seeking and Order for Motion to Show Cause for their placement in the first place." He will "also seek restitution for the damage to her property from this dispute, damages for trespass, and damages for nuisance." This is breathtaking since she is the one who did all the damage and I clearly own the land that she has altered and used to park and dump her firewood on.

We wrote her asking what legal theories she was relying on and we just goot a snarky answer that the lawyer wouldn't use her resources for our "research". I am assuming that we just sit and wait. If she sues, I want to counter sue for the cost of removing her stone and legal expenses of course.

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