Legal Question in Real Estate Law in New York

I own a home in bronx, new york.
My rear yard consist of a patio close to the house, the rest of the yard consist of grass and plantings. on my property (in my back yard) adjacent to my house is a small retaining wall (6" high) filled with soil and planted with many shrubs and flowering plants (from hereon out referred to as: rear planted garden area). The area is approx 20' across x 3' x 6" deep).
My house was built in over 60 years ago and I have owned it for about 50 years.
The property abutting my property was vacant, about 15 years ago an investor purchased the property and erected a two story building (no basement). When this investor erected the building he removed the fence which divided our properties and erected his structure right up against the property line. About 3 years afterwards, I erected teh rear planted garden (since i was not staring at a cinderblock wall). Everything was fine for years. This past year the building owner contacted me as said that my rear planted area is causing him to get water into his building (on the first floor). He said that legally, my dirt can not touch his building. Is this true?
Also, he has left no space surrounding his building to make repairs to the exterior of the building, when he needs to make repairs he comes onto my property to reach his structure (there is no easement), can I deny him access?
Thank you for your information and advice.

Asked on 10/07/10, 7:10 pm

Locksley Wade Law Office of Locksley O. Wade

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Answered on 10/17/10, 4:22 am

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