How New York property owners can address neighbor disputes

On Behalf of | Sep 17, 2021 | New York City Real Estate Law Blog, Real Estate Disputes, Real Estate Disputes, Residential Real Estate

If you are a property owner in New York, you may experience multiple challenges, including property disputes. Property disputes can be complex, and complications in the legal process may result in significant financial consequences. A dispute with neighbors may escalate into difficult confrontations, potential litigation and monetary damages. Learning about New York property laws may enable you to negotiate and resolve property disputes with your neighbors.

Two notable forms of neighbor disputes that can create havoc for a property owner may be cases of nuisance and adverse possession.

Private nuisance

The conduct of one neighbor may be a private nuisance if the behavior disturbs another neighbor and denies that neighbor the quiet use and enjoyment of the property.

Incidents of private nuisance may include:

  • Incessant noise
  • Dust or debris
  • Dangerous activities

Adverse possession

The original intent of the adverse possession law was to fairly resolve a dispute in which one owner has abandoned a piece of property that another person has been using. The offending person’s conduct may result in a charge of trespassing. However, the property owner must address the encroachment in a timely manner. If the offender has been using the property continuously for ten years—the time period required by New York statutes—the offender may be legally entitled to the property through adverse possession.

Disputes with neighbors may create unpleasant and contentious conditions at your property. Understanding your rights under New York law can help you to evaluate your dispute resolution options and achieve a more peaceful environment.