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:
An encroachment is both a trespass and a private nuisance. Generally, as the property owner, you have the right to remove an encroachment from your land. However, if the structure is damaged during removal, you could be held liable for that damage.
Additionally, if a nuisance interferes with the peaceful use of your property, you may have grounds for legal action, such as seeking damages or an injunction to stop the encroachment. It's important to note that while you can remove the encroachment, doing so without proper legal guidance may have risks, especially if the neighbor disputes your actions later.
Since the neighbor has not initiated a claim of adverse possession and has ignored your requests, you may feel justified in taking action. However, consider the potential consequences and consult with a legal professional to understand your rights fully before proceeding.
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.