Question on encroachment and adverse possession.
Comments
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I did, and I have come to understand that adverse possession does not imply if permission was granted at some point. Both neighbors are aware of the lines. One tried to build a fence, didn't ask, got cocky, made him take that last 5 feet off. The south line could be an arguable adverse possession due to the fact the fence line has been in place for so long. Although you can still see in their yards where it was pushed back from. That not the issue, have no intent of moving fence. The issue is...
People next door all of a sudden gone bonkers. Been getting the property ready for winter. Cut down some tree limbs that were over hanging the roof. They call police to say I cut their tree and littered their yard. Go to Finally fix the cement sidewalk around the drain and the drain pit which was destroyed due to a dozen years of dog urine. While doing that, they call the cops for trespassing.
I've been cool with these people since they moved there a dozen or so years ago and this is the first time anything like this went down. -
My advice is to get a lawyer who is experienced in the law of adverse possession. If the attorney who did the closing for you is not experienced in this branch of real estate law s/he should refer you to an attorney who is. Land is Brooklyn is far too expensive to cheap out on this. Ideally, when you buy a property, all the issues of boundaries should be sorted out.
Also when a neighbor starts inquiring about building or rebuilding a fence, it is best to go in with an open mind to paying half the cost and ensuring that the fence/wall is erected on the legally established boundary line. If the neighbor comes with a grandiose plan, it is okay to say, "I'm sorry, at this particular time, I can't afford it, or prefer not to utilize my cash resources on this project." An ounce of prevention is better than a pound of cure.
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