quincy
Senior Member
Good luck with the sale of your house, Dee74.Oh okay! Thank you!
We all appreciate the thanks, so thank you.
Good luck with the sale of your house, Dee74.Oh okay! Thank you!
Citation. please?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.
Just saw this.Citation. please?
My issue is that HRZ said that the property taxes had to be paid by the party adversely possessing property. That is true in some states, but I have yet to see any reference to paying the property taxes in NY state as one of the components of adverse possession. http://www.tourolawreview.com/2013/05/new-yorks-adverse-possession/Just saw this.
Here is a link to information but I did not verify: https://statelaws.findlaw.com/new-york-law/new-york-adverse-possession-laws.html
As a note: The fence is not the issue that the garage could be. Under New York's new law, fences are permissive uses, not adverse, because they are non-structural. You cannot claim adverse possession based on fence placement (or shrub or tree or garden placement).
If permission is granted a neighbor by a property owner to use the property owner's property, that also cannot be used to support a claim of adverse possession.
Moving the fence and tearing down or moving the garage is probably the best solution here.
I think HRZ might have been repeating what I had said earlier.My issue is that HRZ said that the property taxes had to be paid by the party adversely possessing property. That is true in some states, but I have yet to see any reference to paying the property taxes in NY state as one of the components of adverse possession. http://www.tourolawreview.com/2013/05/new-yorks-adverse-possession/