Neighbor on my property

What is the name of your state? NY

We purchased our home in 2001. There was an existing fence on the property which one side is our's, the other is a neighbor's fence. On the fence that is our's the other neighbor put up her fence on our posts. But the question is: we are getting a new fence. The fence company using the survey of our property said that the fence is off by 1 foot 7 inches - meaning the neighbor has some of our property. We don't know how long the fence was there - again it was up when we purchased the house and it is on the survey which also shows the 1.7 difference.

Someone mentioned to us a statute of limitations or us forfeiting this land if we don't raise the issue within 10 years. Is that 10 years since the fence is up or 10 years since we've owned the land? Our attorney says it's our land and if push comes to shove we just take it down and then the neighbor will be forced to put up their own (they have an inground pool, we don't). We're trying to be nice about this - these neighbors have a history of being difficult and I just want to know what legal leg we have to stand on. The fence guy also said if our survey says it's our land, it's our land. Case closed.

Any thoughts?

jeanine said:

Any thoughts?

Click to expand...

Yep.
Why are you worried about that at this point. Hell, the neighbor hasn't even SUGGESTED that they would play the 'adverse possession' card.
Simply contact the neighbor, show them a copy of your survey and let them know that you will be putting up a fence on the PROPERTY line (actually, I suggest you put it a few inches on your side to prevent trespass, etc.).
Then, proceed.

Thanks - yes, the new fence has to come in 4 inches from the property line. We just know what idiots these people are but perhaps I was putting the cart before the horse. Wish me luck!