Adverse Possession

[Dee74]

What is the name of your state? New york

 

[quincy]

You can add a question and details by using the reply to thread feature. Thanks.

Here is a link to New York's adverse possession laws: https://codes.findlaw.com/ny/real-property-actions-and-proceedings-law/rpa-sect-501.html

 

[Dee74]

You can add a question and details by using the reply to thread feature. Thanks.

Our neighbors won’t sign an easement and decided to do adverse possession. Their not signing is keeping us from closing on our house with potential buyers.

 

[Zigner]

You're going to need to consult with an attorney.

 

[not2cleverRed]

Depending on the nature of the easement, they don't have to sign.

Have they *said* they are claiming some of your land under adverse possession law, or is this a case of some part of your property being "out of possession" on your survey and the title company needs proof that the neighbors won't make a claim?

 

[quincy]

Our neighbors won’t sign an easement and decided to do adverse possession. Their not signing is keeping us from closing on our house with potential buyers.

I agree with Zigner. You will want to consult with a real estate lawyer in your area for a personal review.

If your house is and has been accessed only by an easement, the neighbors are unlikely to have any adverse possession claim they can pursue.

 

[Dee74]

Our fence and part of the garage sits on their property so the easement was agreement to use the property. They won’t sign and the title company will not proceed with a closing because they won’t sign. So we were considering adverse possession. We been living in this house for over 50 yrs. there use to vacant land and they built houses in 1991. So the fence and part of the garage is on their property.

 

[quincy]

How valuable to you/your buyers are the fence and garage?

 

[Dee74]

The garage was included with sale of house. I mean we could move the fence or tear down garage. Never thought of that. I was just curious that’s why I asked. Thank you for your help.

 

[quincy]

The garage was included with sale of house. I mean we could move the fence or tear down garage. Never thought of that. I was just curious that’s why I asked. Thank you for your help.

I was not saying you wouldn't have some support for an adverse possession claim, by the way. I only suggest you weigh the costs against the benefits of pursuing a claim to the land.

Either way you might lose your buyers.

 

[Dee74]

Yes but something has to happen to sell the house in the future if we do lose the buyers. We still want to sell the house and the easement issue will come up again with another buyer. So we was weighing other options.

 

[not2cleverRed]

Our fence and part of the garage sits on their property so the easement was agreement to use the property. They won’t sign and the title company will not proceed with a closing because they won’t sign. So we were considering adverse possession. We been living in this house for over 50 yrs. there use to vacant land and they built houses in 1991. So the fence and part of the garage is on their property.

How long has the garage been there? How long has the fence been there?

I'd move the fence, if it were just the fence. Would I be correct in assuming the fence deviates from the property line by greater than a foot in some places?

 

[Dee74]

The garage since the 60s and the fence since the 70s. The fence sits on about 2ft and runs to over 3ft to the backyard.

 

[quincy]

Yes but something has to happen to sell the house in the future if we do lose the buyers. We still want to sell the house and the easement issue will come up again with another buyer. So we was weighing other options.

For adverse possession in New York, you must not only openly use the land as if it was yours for 10 years or more, you also must be paying taxes on the property.

You might seriously consider moving the fence and removing at least the part of your garage that sits on the neighbor's property.

 

[Dee74]

Oh okay! Thank you!