Bronx, NY asked in Estate Planning, Family Law and Real Estate Law for New York

Q: MY NEIGHBOR PUT A BRICK PILLAR FOR A DRIVEWAY GATE ENCROCHED 9 AND A HALF INCHES INTO MY PROPERTY ..HE NEVER PUT A

DRIVEWAY GATE BECAUSE I TOLD HIM 3 YEARS AGO HE HAS TO MOVE THE PILLAR IF HE WANTS TO PUT THE GATE BECAUSE ITS ON MY PROPERTY..THE PILLAR HAS BEEN THERE SINCE 2009 I TOLD TO HIM HE HAS TO MOVE IT IF HE WANTS TO PUT THE GATE 2016 AND HE STOPPED BEING MY FRIEND ...IN 2017 HE STARTS TO PUT HIS GARBAGE CANS NEXT TO MY PORCH AND RAIN BOUNCED OFF THE CANS WETTING THE INSIDE OF MY PORCH AND CREATING DAMAGE I CALLED POLICE THEY CAME AND TOLD HIM THE CANS ARE KIND OF CLOSE THEN HE STARTED TO DO THE SAME THING IN 2019 I CALLED THE DEPT OF BUILDINGS SO THEY CAN COME AND GIVE HIM A VIOLATION FOR THE PILLAR ENCROACHING MY PROPERTY AND THE DAMAGE HE CAUSED TO MY PORCH..THE INSPECTOR SAID ITS A CIVIL MATTER...JAN 2019 AFTER THE INSPECTOR SAID THAT TO ME I GOOGLED ENCROACHMENT AND CAME TO REALIZE THE MEANING OF ADVERSE POSSESSION...I NEVER KNEW THAT EXISTED..I NEVER BEEN LATE WITH ONE MORTGAGE PAYMENT SINCE 2005 AND I HAVE A CREDIT SCORE OF 850...I NEVER GOT A NOT ONE TICKET FOR THE SIDEWALK EVER...

1 Lawyer Answer
Elaine Shay
PREMIUM
Elaine Shay
Answered
  • New York, NY
  • Licensed in New York

A: It isn't clear what your question is but you are correct to be concerned about a possible adverse possession claim. There is a statute of limitations that can bar you from objecting to an encroachment on your property and by waiting before bringing an action against your neighbor you may lose your right to do so. The law does not protect those who sleep on their rights.

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