Legal Question in Real Estate Law in New York
squatter
i have maintained for 30 + years a parcel of land not belonging to me though connected to my property; in addition part of my dwelling extends onto said property. the owner of said property though aware of this has never objected. knowing at some point in time this connecting parcel may be sold i need to know whether I have any legal recourse in obtaining said parcel through an option to buy? if yes would it be at fair market value or would I have to pay the asking price? if no would that part of my home extending onto said parcel have to be torn down?
2 Answers from Attorneys
Re: squatter
You are hardly a squatter. You may own this property under the doctrine of prescriptive use.
If you have openly and notoriously used the property for more than eighteen years, you have met the requirements.
However, noone wants a lawsuit, except perhaps, the lawyers.
If you can negotiate a fair purchase price under the circumstances, you may wish to buy it, but keep in mind that you may already own it.
Re: squatter
You should approach the record owner with an offer of money to deed the property to you or to grant an option or right of first refusal. As Mr. Nager points out, you may have a legitimate claim to the property, but your money is probably better spent on a more amicable solution.
Feel free to call me at 212-367-9167 of you wish to discuss this further.
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