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land ownership

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daniam

Guest
What is the name of your state?new york(broome county)
i purchased a 1.3 acre parcel at the end of oct. 03. i moved on the property april 16, 04. the parcel had a burned down house etc. on it which i cleaned up and had it all excavated. anyhow, behind my home is approx. 5 acres of residential field which up until the fall of 03 penned in horses. when i purchased the property i noticed that there was a conveyence for a spring situate included in the deed but the only spring i found was on the other side of a barbed wire fence behind my home. so in may of 04 i contacted a survey company because i was sure the fence was not placed properly on the abutting field. i looked for pins from previous surveying but could find none. the survey company did their survey just 2 weeks ago (june 04) and the fence was over 30 + feet for a length of 200ft.(my entire back land line) the barbed wire fence was rusted, broken and the posts were rotten & out of the ground and alot of the wire was even detaced from the posts . there were pricker bushes and trees all grown up through the fence. i removed the fence, trees and mowed "my" land. the owner of the field, who lives two houses to the right of me is mad and throwing a fit stating this is his land by squatters rights or something along that line nd he wants his fence replaced even though it was placed on my property. now the neighbor just to my right states that the fence has only been there 4 years or so.. if this matters. now as far as upkeep of this land it had been used to pen in horses which it is no more. the grass is 2 to 3 feet high, the fence was in shambles. not even the spring was taken care of. so does this neighbor have rights to land we just purchased? he pointed out that an old pipe was a survey stake and told the previous owner the same.pins had been pulled when we had the survey done i do not have title insurance because i did not get a loan to purchanse the property. thanks for any help. i am thinking that i may need an attorney.
 


JETX

Senior Member
"so does this neighbor have rights to land we just purchased?"
*** Not unless he can come up with some legal basis to support his claim. As long as your survey supports your position, I would simply ignore his rantings. If he gets an attorney to contact you, THEN you should also get an attorney involved. Until then, just simply continue.
 

I AM ALWAYS LIABLE

Senior Member
daniam said:
What is the name of your state?new york(broome county)
i purchased a 1.3 acre parcel at the end of oct. 03. i moved on the property april 16, 04. the parcel had a burned down house etc. on it which i cleaned up and had it all excavated. anyhow, behind my home is approx. 5 acres of residential field which up until the fall of 03 penned in horses. when i purchased the property i noticed that there was a conveyence for a spring situate included in the deed but the only spring i found was on the other side of a barbed wire fence behind my home. so in may of 04 i contacted a survey company because i was sure the fence was not placed properly on the abutting field. i looked for pins from previous surveying but could find none. the survey company did their survey just 2 weeks ago (june 04) and the fence was over 30 + feet for a length of 200ft.(my entire back land line) the barbed wire fence was rusted, broken and the posts were rotten & out of the ground and alot of the wire was even detaced from the posts . there were pricker bushes and trees all grown up through the fence. i removed the fence, trees and mowed "my" land. the owner of the field, who lives two houses to the right of me is mad and throwing a fit stating this is his land by squatters rights or something along that line nd he wants his fence replaced even though it was placed on my property. now the neighbor just to my right states that the fence has only been there 4 years or so.. if this matters. now as far as upkeep of this land it had been used to pen in horses which it is no more. the grass is 2 to 3 feet high, the fence was in shambles. not even the spring was taken care of. so does this neighbor have rights to land we just purchased? he pointed out that an old pipe was a survey stake and told the previous owner the same.pins had been pulled when we had the survey done i do not have title insurance because i did not get a loan to purchanse the property. thanks for any help. i am thinking that i may need an attorney.

My response:

Ask the neighbor if he has property tax payments; e.g., cancelled checks, concerning that 30 feet of land. If not, then ask him if he ever "perfected" his title to the same land with the County Recorder's Office. If not, then tell him to go pound sand. That land is yours pursuant to the recorded Deed.

IAAL
 

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