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Maverick
Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 6277
Experience:  20 years professional experience
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I 't agree with a neighbors survey. I own 4 building lots

Customer Question

I don't agree with a neighbors survey. I own 4 building lots with access to two streets. The back has a strip of land that is stated oh my deed acquired to go with property to connect to back lane. My neighbor blocked access to my back yard in the middle of a pool project and I was told I would have to go to civil court. I have owned this property for 48yrs.this neighbor inherited the property to the left and has never had it even transferred to her or paid any taxes. This land is a strip of land that is between my lots and the road. I had to cut down a tree and the workers had to over a curb and hand carry the fencing to the back yard. I live in town and had to get a fence around the pool. After continual harassment I put up a privacy fence and then she parks a moterhome overlooking the fence. I am a 73 year old widow and Iwant peace so my grandchildren and I can enjoy our pool.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Maverick replied 9 months ago.

Welcome to Just Answer (“JA”)! My name is Maverick.

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ANSWER:

Yes, the person that told you that you will need to go to civil court is correct. When there is a property dispute such as yours it is usually resolved by the filing of a declaratory judgment action and expert surveyors hired by each side come and testify to prove to the court who owns the land. Here is the law that applies: [click here]. In that same action, and as alternate relief, if the court finds that your survey is wrong, you can ask for a finding that you own that property through a claim of adverse possession. If you can show that you have been using that property in an open and obvious manner for 10 years, then adverse possession may give you title to it. Here is the law.

Customer: replied 9 months ago.
We only have one surveyor in Owego that is the problem.
Expert:  Maverick replied 9 months ago.

You do not have to hire that one. You can hire one from a neighboring city or county.

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