Full question:
I have a neighbor who has encroached partially with an outdoor sauna, and fully with a woodshed. We notified her of the encroachment after having a survey done 2 years ago. Her attorney threatened an adverse possession action. She had her own survey done, which upheld the result of our surveyor. We offered all kinds of win-win options, but the neighbor has been unresponsive and no adverse possession action has been initiated. How can I compel her to move the buildings. She no longer lives here and is renting her house. Can I simply move the sheds myself? I am not currently represented.
- Category: Real Property
- Subcategory: Encroachment
- Date:
- State: New York
Answer:
A quiet title or trespass to try title action is a way to determine land ownership and boundaries. In a quiet title action, you can ask the court for an injunction to require the neighbor to move the encroaching structures. An injunction is a court order that can compel someone to act or refrain from acting. If the encroachment has caused you harm, the court may also award you the fair value of the encroached property.
To succeed in a quiet title action, you must show that the neighbor's use of your land is not permitted and that it is open, notorious, exclusive, hostile, and continuous. In New York, the statutory period for adverse possession is at least ten years, meaning the neighbor would need to use the land in a way that meets these criteria for that duration to claim legal title.
Since your neighbor has not initiated an adverse possession action and has been unresponsive to your offers, you may want to consider filing a quiet title action. It’s important to note that you cannot simply move the sheds yourself without legal authority, as doing so could lead to further disputes. Consulting with an attorney may help you navigate this situation effectively.
You might also explore entering into a boundary line agreement with your neighbor to resolve the issue amicably.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.