Can I take someone to court to remove a fence if it was previously so ordered by a judge?
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Can I take someone to court to remove a fence if it was previously so ordered by a judge?
I purchased a home 6 years ago. The original owner of the home was sued by the neighbor the prior year over a fence he had put up on the property line. The neighbor claimed that she had been using the space between both homes as a driveway and with the fence she was now unable to. She also used a law that states if the owner of the home does not live in the home the property is in fact hers. Then 5 years ago, a judge ordered iagainst the previous owner of the home, to move the fence where the neighbor would be able to use the driveway and the property is no hers. What can I do?
Asked on August 7, 2012 under Real Estate Law, New York
Answers:
Mark Siegel / Law Office of Mark A. Siegel
Answered 12 years ago | Contributor
Based upon your brief description, this matter may involve adverse possession and/or encroachment issues.
You indicated that a prior judgment was entered by the Court. In order to properly determine the respective rights & obligations of the neighboring property owners, you should obtain a copy of the judgment & copies of any related court papers, & have them reviewed by an attorney who practices in this area of law. Good luck!
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