Brooklyn, NY asked in Real Estate Law for New Jersey

Q: A new owner for a gas station behind me has surveyed the land and has declared that my shed and cement pad are on his

This was the house I grew up in and have taken it over from my deceased father. The fence has been in place for more than 30 years. There are only woods behind me. The station owner has stated he will push back the fence, cut the cement pad and run a fence directly against the back of the shed. This is the apparent newly surveyed property line. Can I fight this?

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3 Lawyer Answers
Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: Hire a NJ attorney to file suit for a Boundary Line Dispute. Hopefully an ascertainable boundary line has been acquiesced by the previous owners. Get your witnesses together as to the line. A survey may be necessary if you believe theirs is in error. Otherwise you rely on acquiescence. You also may need an injunction and bond. If you do nothing, the gas owner will move that boundary.

Morris Leo Greb
Morris Leo Greb
  • Rockaway, NJ
  • Licensed in New Jersey

A: The issues involve whether the survey you have or the one the neighbor has is correct. There is also the issues of adverse possession and prescriptive easement. The proofs involve you and your predecessor in title can show the the use was adverse or hostile, exclusive, visible, uninterrupted and continuous foe a period of time not less than twenty years. You should speak to an experienced real estate attorney.

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Licensed in New Jersey

A: Attorney Greb was mostly correct, but as a NY attorney, I'd suggest that the required time period for a claim of adverse possession is at least 10 (not 20) years. A survey is absolutely necessary, and you should not rely on theirs. You should consult with an attorney in person and not here on the Internet. If you need to find one, start your search here:

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