What can I do if I have an issue with a neighbor who is claiming adverse possession with regards to a portion of my land?

UPDATED: Jul 14, 2015

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What can I do if I have an issue with a neighbor who is claiming adverse possession with regards to a portion of my land?

My house was built 61 years ago; I purchased it 8 years ago. Recently I had my property surveyed so that I may fence in my yard and have a map of the survey. While surveying, my neighbor told the surveying team that he had claimed some of my property by adverse possession 30 years ago due to disuse by the previous owners. He has a simple, chicken wire fence surrounding the area and a few plants in the area. If you look at the tax map for my property, there is not area marked as owned by someone else and my survey map looks identical to it. Does my neighbor have a claim?

Asked on July 14, 2015 under Real Estate Law, New York


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You need to bring a challenge to the claim if you wish to try and claim the land as your own.  It would be an action to quiet title. If you would win depends on the case law in your area and I would seek consultation of an attorney that is familiar with same. Good luck.

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