Legal Question in Real Estate Law in New York

I purchased a house four years ago. According to the survey provided at closing, there is a shared driveway that is approximately 3/4 on my property and 1/4 on the property next door. No shared driveway is listed on the deed or the survey on file with the town. The house sold in September 2019 and is currently being rented. Over the past year, they have put down gravel in the shared dirt and grass driveway despite us stopping the contractor from spreading the gravel. They did it themselves over night after we asked the people present to have the person who could make the decisions come talk to us first. They have cars parked beyond the shared driveway partially on our property in the back of the yard as well as completely blocking the driveway at most times. I want to take car of this before it becomes a case of adverse possession but I am unsure where to begin. I have made multiple attempts to contact the lawyer who did the closing to no avail and would just like to a hint as to what direction to take in dealing with this situation.

Asked on 10/17/21, 6:12 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Obviously , court intervention is required to determine the rights of the parties.. Retain an attorney familiar with real estate litigation.

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Answered on 10/17/21, 6:22 pm
Richard Bryan Richard Bryan Attorney PC

I never like answering questions by advising people to "hire a lawyer" because that's so obvious; however in this case I don't see any other way to handle this.

Good luck.

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Answered on 10/18/21, 6:50 am

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