Purchased new home with encrouchment and trespassing issues

[Bradfalina]

My husband and I purchased a home in NY state back in March while we were living in Florida. Didn't know much about the community or neighborhood. The sellers are our neighbors who's mother lived here previously and passed away. The sellers have been in their home for 40 years and are well respected in the city (lady of the house is the City Historian). We are the new young couple that no one knows. Once we moved the nighbors came over and pointed out the property lines are shaped in a parallelogram, but the house is parallel to the street. Sellers told us the neighborhood ignores the property lines and takes care of the yards as if the property lines were straight making it look nicer. Okay, done. I am a people pleaser and didn't question it. Many months later the sellers/neighbors are still strolling through our back yard as if they still own the place or their mother still lived here. The lot is tiny. I have less than 20 feet from the house wall to back of the property. He cuts through to go to the other neighbors house and it is really uncomfortable. I am doing dishes and all of sudden this old man is ten feet in front of you. Oh and he stops and looks at the new plants I have put in the garden. I started to do some research with maps and Google Earth and noticed that I was fed a load of crap about everyone in the nighborhood pretends their property is on a straight line. The neighbors in question used their full property to the south and then has landscaping including brick paver and gravel paths encrouching onto our property to the north making their lot much larger than everyone elses. So they used to own both properties and the could do that. But now I want them to stay off the property and thought I will either put shrubs or a fence to prevent the trespassing. I need to start with a survey for sure. And go from there. I am very certain that our property goes into their landscaping a good 10 feet maybe more. They are not going to be happy and afraid that it will be a fight. It is their entitled demeanor that makes me believe that this isn't going to be a fun or fair fight. After getting the survey done, what are my rights to the property in question? Can I just go tear down the stuff? What are my next steps? And how do I do this as peacefully as possible? I am also now afraid of adverse possession which I just read about if I do not do anything and let them have their way. Also if we try to sell the place in the furture there maybe a problem. Thanks in advance for responses and advise.

 

[justalayman]

A survey would have been a great idea prior to purchase but you, along with many others, didn't have one.

So now, as you stated, the place to start is with a survey. Once you establish where your lot lines are and can determine the encroachments, you start with talking with the encroachers. Since it is in everybody's best interest it not be a fight, starting with peaceable communications is always the best. It also gives you a chance to get a "feel" for their positions on the matter.

Basically you have to lay claim to your property. Being firm in your claim is important.

Given the lot was owned by the mother of the neighbor their encroachments are not likely to ripen into an adverse possession claim. It would likely be seen as permissive use due to the familial relationship.


Obviously if they wish to argue, you will be forced to be more forceful. At that point an attorney may be a better means of dealing with things. if you want the encroachments removed you can either ask they remove them or be strict and prohibit the neighbors entry at all where you would remove them.

You could allow them to remain and allow permissive use. It doesn't sound like you want to allow it but if you do, make sure you provide them with a written statement making it clear the use is permissive and can be revoked at will.

 

[Bradfalina]

The last part was great advice. Thanks. May be an option to keep the peace, declaring what is mine and granting permission in a letter might do the trick by adding in a statement somewhere about the rest of the property is off limits for use. Hopefully they would get the message and stop invading my privacy. Thanks again.