Legal Question in Real Estate Law in New York

Property Rights

I erected my fence 12 inches encroaching on my neighbors property for more then 12 years. Now I am rebuilding my house, my neighbor objects I should put the fence back in the previous position. Do I have a right by proscription?

Asked on 12/19/06, 10:24 am

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Property Rights

While some right of adverse possession may exist, the term to acquire these rights is usually more than the time you indicated. Your neighbor has the right to compel you to move the fence to your property or, if you refuse, to remove it himself. I suggest you move the fence to your property. This is a reply to an Internet question and the response is not intended to be legal advice or as creating an attorney-client relationship. Omitted or missing facts could result in a different reply.

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Answered on 12/19/06, 11:16 am

Robert R. Groezinger GroezingerLaw P.C.

Re: Property Rights

You have nothing unless you go to court to get it with a lawsuit..

Good Luck.


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Answered on 12/19/06, 9:59 pm

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