multiple issues!

[BobCat699]

we're new homeowners in new york, specifically long island. here's brief and to the point, sort of-

while applying for the mortgage, we obtained a copy of a 28 year old survey of our property (along with the title), submitted these to our attny and mortgage bank with no arguements (people are amazed that we weren't told to get a new survey). did our atty advise us poorly? i'm asking b/c-

builders just came to my door yesterday claiming that our fence (which has been there for over 25 years according to the previous owner) is 9 ft onto his property (that he is building on against 5 neighbors wishes)? our attny is useless at this point. he just says we need to have a new survey and let the chips fall where they may. Would we have a case for adverse possession? for being represented inadequately?

My other questions are - how did this builder get a variance without anyone around his property being notified (a payoff i'm sure). there wasn't enough frontage for a house to built 5 years ago and this has now changed? something is wrong. what can my neighbors and i do?

 

[HomeGuru]

we're new homeowners in new york, specifically long island. here's brief and to the point, sort of-

while applying for the mortgage, we obtained a copy of a 28 year old survey of our property (along with the title), submitted these to our attny and mortgage bank with no arguements (people are amazed that we weren't told to get a new survey). did our atty advise us poorly?

A: Yes and it is evidence that your attorney is an idiot.

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i'm asking b/c-

builders just came to my door yesterday claiming that our fence (which has been there for over 25 years according to the previous owner) is 9 ft onto his property (that he is building on against 5 neighbors wishes)? our attny is useless at this point. he just says we need to have a new survey and let the chips fall where they may. Would we have a case for adverse possession?

A: no because you have not met all the requirements in the adverse possession test.
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for being represented inadequately?

A: yes, you would have a good case.
***************

My other questions are - how did this builder get a variance without anyone around his property being notified (a payoff i'm sure). there wasn't enough frontage for a house to built 5 years ago and this has now changed? something is wrong. what can my neighbors and i do?

My response: Hire another attorney.

 

[BobCat699]

multiple issues cont

Thank you very much for your advice - We're already getting a new atty. What exactly is needed to be adverse possession?

Should our neighbors and I collaberate with this same atty ( on the matter of the new builder)?. I relaize that we have issues that don't pertain to our neighbors, but we're all pretty steamed about this new house being built right on top of us.

I forgot to add that we had made improvements on our backyard already (we put in a fill to even out the level of the yard), that is now supposedly his yard. Can there be any compensation for that as well. Also will the fee for the new survey be covered by the title insurance or by us?

Have a great holiday!

 

[HomeGuru]

OK, ask your new attorney these questions.