Neighbor threatening to remove and dump my personal items on disputed property line

Received notice form a neighbor with whom I have a property line issue dispute. He is threatening to move my personal items stored and dump the items if I do not move them by end of the following day. What kind of reply should I have to this neighbor? The property line dispute is over my attained right to this space thru an adverse possession as 10 years have passed. Can you help me with this?

Albany, NY -

Attorney Answers (2)

Steven Warren Smollens

Steven Warren Smollens

Real Estate Attorney - New York, NY
Answered

Dear property line dispute:

You will need to obtain an injunction to protect your property right based on your adverse possession claim.

Bring your neighbor's threat directly to the attorney who represented you in your adverse possession lawsuit.

If you did not sue, you may not have adverse possession. New York's statute on adverse possession was changed in 2008.


Read more at:

http://www.tcbaweb.com/index.php?option=com_con...


Your should be familiar with this statute:.

***"New York Real Actions and Proceedings Law § 543 : Adverse possession; how affected by acts across a boundary line
1. Notwithstanding any other provision of this article, the existence of de minimus non-structural encroachments including, but not limited to, fences, hedges, shrubbery, plantings, sheds and non-structural walls, shall be deemed to be permissive and non-adverse.
2. Notwithstanding any other provision of this article, the acts of lawn mowing or similar maintenance across the boundary line of an adjoining landowner's property shall be deemed permissive and non-adverse.***"

Read more at:

http://lawoftheland.wordpress.com/2008/07/11/ne...

The answer provided to you is in the nature of general information. The general proposition being that you should... more
Yefim Rubinov

Yefim Rubinov

Real Estate Attorney - Brooklyn, NY
Answered

I suggest that you hire an attorney to start a declaratory judgment proceeding to declare that piece of property to be yours and selmitenously file for a TRO to prevent your neighbor from removing your property.

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