I had heard that NY changed the laws on this, well apparently that is not true.
I have a similar problem with a neighbor who has done the same thing, but much worse, by use, installing new grass/lawn, cutting same, horseshoe pit, fire pit, letting their kids ride atv's and parking vehicles. In short, I have been on the guys case every year about it, last year I told him to cease all of it, had been close to 10 years, the place was posted for 24 years, he always said he would not do that, (adverse possession) and his wife had a real attitude of entitlement and use of our land, a farm dating back to the turn of the century, now an empty lot, adjacent to their home.
Last week I attempted to evict them, 1 year ago, I told the guy, all of this stops now, this year he starts mowing 50 feet into our side, fills the lot with cars and has building materials stored, landscaping appurtenances over the line, etc. etc.
When I tried to evict them I was threatened by one of the occupants, that was the last straw, I stood my ground, things got real nasty, I was arrested for attempting to evict them. Law enforcement took their side.
I have a survey map, all kinds of photos and other legal documentation including the neighbors deed, photos before they occupied, clear and definitive delineation of the 2 adjacent properties exists. These people would enter this property at will and do as they wish. At this time the surveyor re-established the line, a stockade fence was immediately erected while he was still on site, I have an atty and will take it to trial.
Law enforcement is an absolute joke when it comes to a matter like this, both NYS Police and the Sheriff. You don't want them involved, these matters are civil and they hate dealing with it. No insult intended to any cops out there, based on my experience here, it's an absolute joke, you have no right to evict people, vehicles and stop intruders, even when it is clearly posted.
One thing is for sure, the atty that helped these people win is ethically and completely wrong, I don't care what the law says. The judge is wrong, if that were to happen here, given the documentation and legal documents, it would make the national news, people that take land using the basis of adverse possession are bottom feeding thieves, the atty should be disbarred. If they took that much of our lot, the real estate investment would be harmed and it's value reduced dramatically, yet the neighbors, in our absence, continued with their use of our property, it could have lead to them making a claim, I firmly stand my ground, and that law and or laws in this state needs to be completely abolished, it allows people to steal without it being a crime.
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