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ScottyMacESQ
ScottyMacESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 16831
Experience:  Licensed General Practice Attorney, Texas
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My neighbor put items on my property w/out my knowledgeIf

Customer Question

My neighbor put items on my property w/out my knowledge
If my neighbor doesn't remove said item will or can he later claim that that portion on my property is his?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  ScottyMacESQ replied 2 years ago.
Thank you for using JustAnswer.
How long has he been doing this?
Customer: replied 2 years ago.
I do not know how long he has been doing this....
THis year lots of snow covered the items ithat was in the thicketh and brush of my acreage which is not cleared... I noticed the items when the snow thawed.....
I am a female senior widow over 80 yrs of age.... I have 2 to 3 acreas of land: all of which is not cleared..
I have the original abstract and the paperwork for the land that I own and I have paid pay taxes on same for over 20 yrs in Jefferson county ,New York...
Expert:  ScottyMacESQ replied 2 years ago.
Thank you. First of all, any claim for "squatters rights" would require at least 10 years of continuous ownership. But in New York, it also requires "color of title", meaning that there has to be some good faith belief that the land is his for him to have a claim to that property. That's typically some deed that he received in good faith that indicates that the property is his (or some other documentation). If he KNOWS that the property is his, he would not have any claim whatsoever to that property.
Now that being said, the "authorities" (the police, etc...) usually don't get involved in situations such as this as it would be seen as a "civil matter". If he's not willing to do anything about it, you'd need to sue him for "encroachment" and/or "trespassing".
Send a demand letter demanding that he remove those items from your land within 30 days, otherwise you will pursue legal action against him, seeking that amount plus any additional damages as allowed by law. Send this letter certified, return receipt requested, as well as a copy sent regular mail. Keep a copy for yourself, as well as the return receipt number so that you can show the court that you made this demand.
If he still does not do anything, you should contact an ttorney in your area that deals with real estate cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.
Again, he's not going to have any claim to your property as he would not have a good faith belief that he has any claim to it.
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!
Expert:  ScottyMacESQ replied 2 years ago.
Did you have any other questions before you rate this answer?