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browneyedgirl
family is all that matters
Member since 6/06 6513 total posts
Name:
browneyes
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legally--can the neighbors claim your land in this situation?
i have a good friend who is a widow with 2 children.
she owns a home. one side of the home had a line of trees on her property. many years ago she put a fence next to the trees on her property, 1.5 feet IN on her property so as not to disturb the trees.
so technically 1.5 feet of HER land is on the neighbor's side of the fence.
the neighbors recently decided to cut down HER trees!!!  they've also been acting as if it's THEIR land.
i told her she needs to act fact and make sure they can't claim the land is theirs since they've been "using" it for all these years even though it's clear on the land survey that it's her land.
anyone know anything about this? i feel so badly because she's a nice lady and since she has no husband, these people have been taking complete advantage of her.
legally can they claim her land? is there anything she has to do?
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Posted 10/6/08 9:58 AM  |
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neener1211
:-)
Member since 4/07 22952 total posts
Name:
J
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Re: legally--can the neighbors claim your land in this situation?
She needs to say something!!!
I believe that if she allows them to 'claim' it for 10 years, they can keep it. (Don't take my word on it, but I believe this is the amt of time)
She needs to say something!!!!!!! She is the one paying the taxes on that land.
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| Posted 10/6/08 10:01 AM |
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neener1211
:-)
Member since 4/07 22952 total posts
Name:
J
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Re: legally--can the neighbors claim your land in this situation?
I wanted to add, if she has a land survey, she'll be able to prove that it is her land. Or she can have a land survey, to show them that they are on her land.
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| Posted 10/6/08 10:09 AM |
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1stimemom
Love my boys
Member since 2/08 8766 total posts
Name:
Mrs Dee
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Re: legally--can the neighbors claim your land in this situation?
She needs to get a survey done asap, IMO
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| Posted 10/6/08 10:14 AM |
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browneyedgirl
family is all that matters
Member since 6/06 6513 total posts
Name:
browneyes
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Re: legally--can the neighbors claim your land in this situation?
Posted by 1stimemom
She needs to get a survey done asap, IMO
she had a survey done and the neighbors pulled out the stakes!!! these people are a piece of work.
i heard of the 10 year thing as well but don't know if that's fact. anyone know for sure?
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| Posted 10/6/08 10:21 AM |
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Shelly
She's 7!!!
Member since 8/05 14624 total posts
Name:
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Re: legally--can the neighbors claim your land in this situation?
If a neighbor has used and enjoyed your piece of land uninterrupted for 10 years, they can claim it as their own under adverse possession. There are specific conditions that need to be met- you can look up "adverse possession" in NY.
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| Posted 10/6/08 10:24 AM |
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browneyedgirl
family is all that matters
Member since 6/06 6513 total posts
Name:
browneyes
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Re: legally--can the neighbors claim your land in this situation?
Posted by Shelly
If a neighbor has used and enjoyed your piece of land uninterrupted for 10 years, they can claim it as their own under adverse possession. There are specific conditions that need to be met- you can look up "adverse possession" in NY.
i will look that up, thanks. anything else i can tell her in legal speak?
but a fence is supposed to be solely on your property. because of those trees, it was in a little more than she would have liked. they neighbors are well aware that it's her property and why she put the fence where it is.
so if she just moves the fence to her property line (since there's no more trees), will everything be okay?
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| Posted 10/6/08 10:27 AM |
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metagefken
LIF Adolescent
Member since 5/08 679 total posts
Name:
J
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Re: legally--can the neighbors claim your land in this situation?
if she has a survey and she has the means she should put up a fence ASAP on her property line. it doesnt need to be anything fancy. a stockade fence will do.
in order for them to claim ownership they have to show that she abandoned the property and they have diligently taken care of it. even if they could they would have to go to court to have this property legally turned over to them. these people are taking of her and she needs to stop it. scum!
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| Posted 10/6/08 10:29 AM |
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Re: legally--can the neighbors claim your land in this situation?
What miserable people. She needs to get those surveyors back or get a copy of their report (if that's how it works) and put up a fence ASAP! I would also notify the town quickly also.
Let us know how it works out!
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| Posted 10/6/08 12:07 PM |
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MarisaK
HELLO Manolo !!
Member since 5/06 14562 total posts
Name:
Marisa
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Re: legally--can the neighbors claim your land in this situation?
She put the fecen in FRONT of the trees? Usually when you put up a fence, it's to divide your property line - I can see why the neighbors would be 'using' her property for so long .......
She has to move that fence pronto -
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| Posted 10/6/08 12:25 PM |
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NinaLemon
It's a boy!!!
Member since 10/07 6453 total posts
Name:
Jeannine
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Re: legally--can the neighbors claim your land in this situation?
She wasn't wrong to put her fence in 1.5' from the the PL, many town zoning laws require that the fence is not directly on the property line.
I work in civil engineering and just spoke with 2 licensed surveyors about this, they both said that adverse possession is very difficult to claim in NYS and simply mowing the lawn for the past 10 years does not grant them adverse possession. They would have to go to court to claim possession of the land.
She should talk to her neighbors and let them know she knows they use her land, but she is still the owner. She could sue them for taking down her trees, more than likely they would have to replant them.
ETA: if she says nothing to them about cutting down the trees, she is building a case for them, if they ever do decide to try to claim the land, she should take some action.
Message edited 10/6/2008 1:08:16 PM.
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| Posted 10/6/08 12:50 PM |
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MsSissy
xoxoxo
Member since 3/07 39159 total posts
Name:
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Re: legally--can the neighbors claim your land in this situation?
Posted by NinaLemon
She wasn't wrong to put her fence in 1.5' from the the PL, many town zoning laws require that the fence is not directly on the property line.
I work in civil engineering and just spoke with 2 licensed surveyors about this, they both said that adverse possession is very difficult to claim in NYS and simply mowing the lawn for the past 10 years does not grant them adverse possession. They would have to go to court to claim possession of the land.
She should talk to her neighbors and let them know she knows they use her land, but she is still the owner. She could sue them for taking down her trees, more than likely they would have to replant them.
ETA: if she says nothing to them about cutting down the trees, she is building a case for them, if they ever do decide to try to claim the land, she should take some action.
This happened to friends of ours. They assumed the tress that were on their side of the fence were theirs and had them taken down. Turns out they belonged to the owners behind them.
They were served with some papers stating the trees did not belong to them and they needed to replace them. Which they did. And have since put up some type of marking in their yard that cuts off where there PL ends.
On the filp side. The neighbor behind me came over in the summer, to let us know they were replacing the fence. And informed us that the fence wasn't on the PL. That in fact 18" of our yard actually belong to them. But they weren't going to change the fence line to take back the property, but just wanted to "let us know".
I actually wanted to set a survey done.
How can I go about this and how much does this cost?
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| Posted 10/6/08 1:19 PM |
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NinaLemon
It's a boy!!!
Member since 10/07 6453 total posts
Name:
Jeannine
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Re: legally--can the neighbors claim your land in this situation?
Posted by Mssissy
I actually wanted to set a survey done.
How can I go about this and how much does this cost?
The price of a survey will vary greatly with the size of your parcel, how long ago the original subdivision was made and the size of the company you hire to do the survey. The company I work for does larger projects and subdivisions so they would tend to be on the expensive side for a small residential survey.
I'd call a small survey outfit or individual surveyor. You can look in the yellow pages or try here: http://www.nysapls.org/associations/7142/lssearch.cfm
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| Posted 10/6/08 1:43 PM |
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MsSissy
xoxoxo
Member since 3/07 39159 total posts
Name:
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Re: legally--can the neighbors claim your land in this situation?
Posted by NinaLemon
I'd call a small survey outfit or individual surveyor. You can look in the yellow pages or try here: http://www.nysapls.org/associations/7142/lssearch.cfm
THANK YOU!
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| Posted 10/6/08 1:58 PM |
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csorisi
My 2 LOVES
Member since 11/05 1984 total posts
Name:
Corinne
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Re: legally--can the neighbors claim your land in this situation?
PP who said adverse possession is hard to prove is correct. In fact the law was just recently changed and it has made it harder for peopel to claim adverse possession. She will have a problem though if she goes to sell so she should take care of this issue now.
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| Posted 10/6/08 1:59 PM |
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rkoenke
my little piggys
Member since 3/08 4315 total posts
Name:
rachel
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Re: legally--can the neighbors claim your land in this situation?
Posted by browneyedgirl
Posted by 1stimemom
She needs to get a survey done asap, IMO
she had a survey done and the neighbors pulled out the stakes!!! these people are a piece of work.
i heard of the 10 year thing as well but don't know if that's fact. anyone know for sure?
Absolutely, 100% fact! I wish her luck. she'll get them back... they paid to take down the trees that are on her property. jokes on them!
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| Posted 10/6/08 7:28 PM |
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nrthshgrl
It goes fast. Pay attention.
Member since 7/05 57538 total posts
Name:
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Re: legally--can the neighbors claim your land in this situation?
Posted by NinaLemon
She wasn't wrong to put her fence in 1.5' from the the PL, many town zoning laws require that the fence is not directly on the property line.
I work in civil engineering and just spoke with 2 licensed surveyors about this, they both said that adverse possession is very difficult to claim in NYS and simply mowing the lawn for the past 10 years does not grant them adverse possession. They would have to go to court to claim possession of the land.
She should talk to her neighbors and let them know she knows they use her land, but she is still the owner. She could sue them for taking down her trees, more than likely they would have to replant them.
ETA: if she says nothing to them about cutting down the trees, she is building a case for them, if they ever do decide to try to claim the land, she should take some action.
I agree. I would get a survey & once confirmed, send a certified letter notifiying them to replace the trees. That alone would document her claim.
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| Posted 10/7/08 12:37 PM |
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browneyedgirl
family is all that matters
Member since 6/06 6513 total posts
Name:
browneyes
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Re: legally--can the neighbors claim your land in this situation?
thank you everyone for your replies! i read them all to her 
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| Posted 10/7/08 9:30 PM |
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