New York Petition for Injunction due to Encroaching Wall

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Multi-State
Control #:
US-03189BG
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Word; 
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Description

An encroachment is the situation that exists when a structure is built in whole or in part on a neighbor's property. Boundaries are frequently marked by partition fences, ditches, hedges, trees, etc. Disputes arising from a confusion of boundaries may be generally settled by an action at law. However, courts of equity will entertain a bill for the settlement of boundaries when the rights of one of the parties may be established upon equitable grounds.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.


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FAQ

Anything physical existing or extending over your property line. It could be a fence, a structure, or even a tree limb. Common encroachments are fences built over the property line onto your property, garages that extend over your property line, and sometimes water and sewer lines,etc.

Encroachments can be intentional or unintentional and are usually discovered during a property inspection or survey. One solution may include an easement, which is a limited right to use someone else's property for a specific purpose.

Below are three steps you can pursue when dealing with an encroachment issue. Talk With Your Neighbor. Sell Your Land, Or An Easement On Your Land, To Your Neighbor. Take Your Neighbor To Court.

These encroachments cause impacts to the functions and values of those natural areas, such as a decline in water quality, loss of habitat (both aquatic and terrestrial), disruption of equilibrium (or naturally stable) conditions, loss of flood attenuation, or reduction of ecological processes.

A: In New York, if a neighbor encroaches on your property knowingly and without permission for a minimum of ten years, the neighbor can claim ownership of that encroached property (NY RP ACT & PRO § 501).

Often occurring along disputed or indistinct property lines or boundaries, encroachment happens when one homeowner constructs or extends a structure or feature on a neighbor's lot or land, thus violating that neighbor's property rights.

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New York Petition for Injunction due to Encroaching Wall