Posted by Frank Chin on April 14, 2004 at 07:52:33:
Rem:
I had that happen to me on one of my rentals. The neighbor started yelling and screaming at me when I approached him.
Had my lawyer write him a letter that said (paraphrasing):
"My client advised me that your rose bushes are encroaching onto his driveway. He wants to resolve this amicably without having to go to court and sue you for legal fees.
Please correct the situation within the next 30 days or we intend to take further action".
The nasty neighbor corrected the situation. I owned the place since 1984, and he’s now retired and still lives there. I ignore him when I see him.
I understand he tried to be nice to my wife, and mentioned that our roof needs looking into as a roofer mentioned that to him when he got his place looked at.
It shouldn’t cost you much to have the attorney send such a letter. My attorney didn’t charge me in view of the amount of work I gave him back then.
This is a killer situation!! I have 3 surveys that show that my neighbor is encroaching on my rental property with a fence, railroad ties and shrubbery. They have threatened to call the police if I remove anything. I have tried being polite, but they are braindead. I don’t want to go to court and spend a fortune in attorney’s fees. A free pizza with all the trimmings delivered to the door of anyone with a surefire solution!!! Any suggestions greatly appreciated!
Rem
I’m not familiar with NY law. In CA, the case law is rather clear that the encroahment would most likely need to be removed. But CA real estate laws are not necessarily the same as NY.
You should see a NY lawyer and find out what NY’s adverse possesion, prescriptive easment and equitable easment laws are regarding this. Until then, try and work it out with the neighbors. Litigation is expensive!