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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 2754
Experience:  Helping you with your legal questions.
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I am in legal dispute over waterfront property lines in New

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I am in legal dispute over waterfront property lines in New York State that I have owned and maintained for more than forty years. I have a concrete platform and stairway to the water attached to my dock. A neighbor who inherited the property recently had a survey done which says my property is encroaching on theirs. My deed says that I have ten feet of waterfront and riparian rights to the center of the lake. I have updated but not changed the footprint of my dock. These neighbors are harassing and stalking us. We have sued them over the property and harassment, but our lawyer says that we can only sue for a prescriptive easement. I know that even if I am awarded an easement, these neighbors will then be able to use the area to harass us. Is it possible for a NY state court to award us title, rather than an easement? The legal paperwork is seeking prescriptive easement rather than title. Our neighbors have requested a jury trial, but it has not been scheduled and probably won't be until January. I would appreciate another legal opinion.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: It is in Columbia County, New York.
JA: Has any paperwork been filed?
Customer: Yes, there have been a couple of conferences. Court date has not been set.
JA: Anything else you want the lawyer to know before I connect you?
Customer: It is a complicated case; I think this is a fast summary. How does the connection process work?

Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

Have you discussed with your attorney, an adverse possession claim?

Customer: replied 3 months ago.
we have...

So, apparently, your attorney is saying that your facts do not support an adverse possession claim. Is that correct?

Customer: replied 3 months ago.
even though I have a poured concrete platform physically attached to and under my dock platform, plus a wooden beam retaining wall behind it that has been there for more than thirty years. I have pictures documenting this. My neighbors inherited the property and had an initial survey done in 2011. They are snowbirds who use their property six months of the year. This is my year round home. My neighbors have placed debris over the area and line the area with trash bags full of leaves and debris. We have attempted to clean the area, but they keep moving them back. My husband and I have purchased security cameras. They continually stalk and harass us; this is another part of the lawsuit. Our lawyer says we probably have enough for a prescriptive easement. We know that if they have access to the property, they will set up barriers and harass us. We have also spoken to our attorney about some sort of order of protection, but he tells us that the court would be reluctant to order one. My husband has called the police on numerous occasions. They will not get involved claiming it is a civil matter. We have been totally frustrated. Neighbors have a large family with lots of visitors; we live here by ourselves.

It appears you are looking for a second opinion. You make good points. Possibly you can take different steps that your attorney recommends. You would have to find another local lawyer to consult. Possibly, I can find a referral service number for you in your county. If you want that, you can provide your county name.

Customer: replied 3 months ago.
please. I live in Columbia County, NY. The case is filed in Columbia County Supreme Court. The defendants have requested a jury trial. No date has been set. Our attorney anticipates January or later.

Here is the New York number for the

LAWYER REFERRAL AND INFORMATION SERVICE
1(###) ###-####/p>

Tell them you need to speak to a lawyer in Columbia (near you) that handles real estate disputes.

Best of luck. See you again soon.

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