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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38221
Experience:  17 years real estate, Realtor. Landlord 26 years
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I purchased a home and just had it surveyed i was looking to

Customer Question

I purchased a home and just had it surveyed i was looking to build a pole barn on my property but when survey was completed my home and septic are on the neighbors land by 5.5 feet is there any loegal recourse that i can pursue
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..Do you know how long the septic and home has been encroaching on the neighbor's property?.Has the neighbor threatened any legal action against you?.Are you asking if you can go after the seller for some type of damages?.Did you purchase an owner's title policy when you bought the house?..thanksBarrister
Customer: replied 1 year ago.
the home was built in 2002 and the same owned the property and he hasnt given me any grief his land is15 acres I offered to purchase.yes i am asking if i can go back on seller. encroaching about 15 feet have to find out if we had title insurance
Customer: replied 1 year ago.
the home is i my wifes name and i am not sure about the title insurance
Customer: replied 1 year ago.
Barrisirter are you still here +
Expert:  Barrister replied 1 year ago.
Sorry for the delay, had to be out of office on other business...Ok, even if you are encroaching on the neighbor, you haven't really suffered any injury or damages because he isn't trying to sue you to force you off the land. So you are essentially getting more land than you paid for if you are over on the neighbor..And if he did try to sue you, he will lose because under NY law if you encroach on someone else's land for 10 years, you can legally claim it under the "adverse possession" laws..So I don't see any injury here that you could sue for.....thanksBarrister