Neighbor Disputes Lawyer in New York, NY

Neighbor disputes can be challenging and can create havoc among property owners. Most neighbors seek to live harmoniously among each other, but unfortunately, neighbor disputes can arise, which if not addressed properly, can have substantial property ownership consequences.

Different types of neighbor disputes can exist among neighbors, but the most common ones are private nuisances, adverse possession, boundary disputes, and easement issues. When this happens, a neighbor disputes lawyer may be able to assist you in handling the matter with care.

Private Nuisance

In New York, private nuisance is a cause of action used when a property owner’s right to use and enjoy his land is substantially interfered upon by another unreasonably and intentionally (or negligently and recklessly). Examples of private nuisances are excessive noise (especially at night), offensive odors, invasive plants and trees, air pollution, and other issues related to animals or pets (such as constant barking, aggressive dogs, and offensive odors from animal waste).

Adverse Possession

Another type of neighbor dispute is adverse possession. Adverse possession occurs when another person (such as a neighbor) occupies your property exclusively, openly, and notoriously under a claim of right for a continuous and uninterrupted period of at least ten years. When adverse possession occurs among neighbors, it initially starts as an encroachment, where a neighbor builds a structure on your property under a firm belief that the structure has been built within their property lines. When you do not contest your neighbor’s possession over your property for ten years, your neighbor’s possession could ripen into a legitimate claim of ownership over your property through adverse possession.

Boundary disputes

Boundary disputes occur when the lines are not clearly marked or when neighbors have differing interpretations of the boundary lines. Boundary disputes among neighbors are highly technical and will always need a survey done by an expert to confirm property lines. If the property lines prepared by a surveyor is different from the property lines provided in the deed and it overlaps on someone else’s property, a court order may be required, directing that the boundary line be redrawn or re-established using the measurements of a professional surveyor or a GPS system. A neighbor disputes lawyer will be able to assist you in handling a boundary dispute.

Easement issues

Easement issues can be a major issue among neighbors, especially since a lot of deeds in New York contain easements in favor of another property. Issues arise when another person’s use of the easement is not in accord with grant of rights provided in the easement or when the property owner subjected to the easement refuses to let an easement holder use the easement. When this happens, neighbor disputes arise. Usually, the assistance of a lawyer is needed to represent a party during mediation, which if unresolved, could lead to litigation.

What to Do in Neighbor Disputes

When neighbor disputes arise, one must assess the situation to see if it could be resolved amicably. Most neighbor disputes can be resolved with open communication and simple conversation. Familiarizing yourself with local laws and regulations before conversing with your neighbor will be helpful in the discussion of the dispute.

When conversation is unsuccessful, consulting with a neighbor disputes lawyer can help you understand your rights in the situation and can help you assess pros and cons regarding initiating litigation.

Should you need assistance, we at the Law Offices of Albert Goodwin are here for you. We have offices in New York, NY, Brooklyn, NY and Queens, NY. You can call us at 212-233-1233 or send us an email at [email protected].