Full question:
I have a neighbor who is encroaching my property. This is confirmed by my survey, and hers as well (I have copies of both) There are some partial encroachments, as well as a woodshed that fully sits on my property. I have asked her many times, both verbally and in writing, to remove the encroachments or settle with me via a boundary line adjustment and property swap. She refuses to answer any of my requests / offers but has also not initiated a claim of adverse possession. (This has been a known issue for three years now) I live in a very rural area of the Adirondack Park, and the local Judge would have to recuse himself were I to take this to small claims. Legal representation as I moved up the chain of the courts to find a judgement would be costly. If she or one of her tenants injures themselves while storing or moving firewood on my property, I'm afraid I would be liable.I want to shake this situation up and at least remove the shed myself. I would stack her wood for her on her own property edge. Am I within my rights to remove the shed? She is living out of the area at this time, but her caretaker, who sides with me in this issue, is more than glad to see me move the shed and wood, and will allow us access to her property to re position the shed. What is the downside of just moving the woodshed?
- Category: Real Property
- Subcategory: Encroachment
- Date:
- State: New York
Answer:
If a nuisance interferes with another person's quiet or peaceful or pleasant use of his/her property, it may be the basis for a lawsuit for damages and/or an injunction ordering the person or entity causing the nuisance to stop or limit the activity (such as closing down an activity in the evening).
Abatement of a nuisance may involve elimination of a nuisance by removal, repair, rehabilitation or demolition. A continuing encroachment is, at common law, not only a trespass but also a private nuisance. An encroachment is considered to be a private nuisance, and the owner of the land may generally have a right to remove it himself. However, if the structure is damaged by removal, you may be liable for such damage.
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.
