Tuesday, November 17, 2009

How to deal with adverse possision of property?

Have a shared road with 3 parties. One party has fenced %26amp; gated off the last 1/3 of the access road. We do not need the road but it just does not seem right. I fear that they may have also rearranged other property lines as we can no longer find any of the property markers and it is all barbed wire fenced now. A land survey would be costly but perhaps worth it.

How to deal with adverse possision of property?
Get a survey promptly if the stakes or landmarkers are removed. If a survey costs $1000 but it save you some property worth $30,000 it is well worth it.





In my home state of New York adverse possession takes 7-10 years, but it also has to be done "openly and notoriously." with no objection from the owner of the encroached. If all you do is have your attorney write them a letter sent certified mail that basically tells them that you are aware that they are encroaching but you have no intention of ceding the land to them, you may not need to get a survey.





So the attorney might be the least expensive option. Speak to an attorney.


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