Boundries

[bingomamma]

What is the name of your state? New York
My parents own a home in NY.Orleans County. They are in there 70's and have owned the home for 45 years. When the neighbors moved in a couple yrs ago..all hell broke loose. They are showing that 20 feet of my parents 50 ft front yard is theres. My parent had a survey done and it does show the property line cuts thru my folkd front yard. They ahve been maintaining it for 45 years with never a bother from anyone. Can the neighbor come in and put a metal stake in the middle of there front yard. My dad cant mow properly and he has moved it to mow the yard and the jerk calls the cops. Well thank god the cops are friends of my dads..so he finishes mowing and puits it back up. He was told by the gentleman he was gonna put a fence up in my parents front lawn..cause he can .its his. Is there any Grandfather clause or squatters rights for these senior citizens who have lived and maintained the yard for 45 years.

 

[longsally111]

has he been paying taxes on this property? has he been maintaining it? It is called adverse posession and he needs to get to an attorney quickly before a fence goes up!!

 

[acmb05]

has he been paying taxes on this property? has he been maintaining it? It is called adverse posession and he needs to get to an attorney quickly before a fence goes up!!

Adverse possession will not work. First they would not have been paying taxes on the property since it is not part of their lot. Secondly in order to claim adverse possession they would have to prove that the owners of the property knew they were maintaining it or improving it and had no objections to it. Since obviously the new owners have a problem with it I am afraid they will lose that argument.

 

[divgradcurl]

Paying taxes on the property is not required in most states, and is not required in NY to prove adverse possession.

Secondly in order to claim adverse possession they would have to prove that the owners of the property knew they were maintaining it or improving it and had no objections to it. Since obviously the new owners have a problem with it I am afraid they will lose that argument.

This is not correct. If the owners of the property knew about the encroachment, and allowed it, then it might not be adverse possession because they had permission to use the land. But, by defnition, adverse possession requires that the adverse possessor's interest be hostile, not permissive, to the true owner's interest.

Plus, the adverse possessors may already have a claim prior to the new people taking over -- see "tacking."

longsally111 is right -- they need to see a lawyer.