New York Complaint for Encroachment - Projecting Windows Overhanging Plaintiff's Property

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Multi-State
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US-03188BG
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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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  • Preview Complaint for Encroachment - Projecting Windows Overhanging Plaintiff's Property
  • Preview Complaint for Encroachment - Projecting Windows Overhanging Plaintiff's Property
  • Preview Complaint for Encroachment - Projecting Windows Overhanging Plaintiff's Property

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FAQ

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).

Explanation: In the realm of property law, a property survey is most commonly used to prove there are no encroachments on a property. An encroachment is an intrusion on a person's property without consent. It's typically a structure like a wall, fence, or building that intrudes onto a neighbor's land.

An easement is the right to use the land of another for a limited purpose. Such easements are known as affirmative easements. Some easements limit how a property owner may use his property.

Essentially, adverse possession allows for one party to make a claim to another party's property if the first party has been making open and notorious use of the disputed land for a set number of years.

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New York Complaint for Encroachment - Projecting Windows Overhanging Plaintiff's Property