I recently bought a house and found the neighbors shed is partially on my property. It apparently has been there for years but I want him to move it. Can he claim that the encroachment is grandfathered in or does he have to move it. I live in NY state.
I have served him with legal notice to move it but he has taken no action to move the shed.
2 Answers from Attorneys
Almost certainly he will have to move the shed. Sometimes these cases are very fact-specific however. Otherwise, this is a trespass to property and he’ll have to move the shed.
It may depend upon how long it was there and if prior owner knew of it. Your title policy should have picked it up when you bought the property.