Legal Question in Real Estate Law in New York

Trespass, ATVer refused to leave and threatened my husband

We bought a piece of property from a builder. Mth i. His

son, who had used the land while his father owned it

has been riding his ATV with his friend over our ATT

utility easment. My husband confronteds him when he

caught him on the land. He tore up the sign and rope

my husband had put up across the easment. They

refused to leave and satde tse itceit wsasemekn

xywerthe proprty lines were. He threatedyusband with

physical harm. What rights would we have if he hurt my

husband? The police got involved and told him he

couldnt go there again. If he does it again what can the

police do?


Asked on 9/28/04, 1:06 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Trespass, ATVer refused to leave and threatened my husband

If any person commits a crime against a person they are subject to being criminally prosecuted.

However, you are describing a civil matter that is escalating to a violent situation due to provocation and antagonisms on both sides.

Talk to your lawyer (and if possible the younster's parents) re the property transfer and clearly ascertain what your rights and remedies are viz the land, the prior owners, the easements understandings and so forth.

Proceed carefully and AVOID confrontations.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 9/28/04, 9:17 pm


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