Queens New York Affidavit by Owner of Driveway Encroaching on Neighbor's Property

State:
Multi-State
County:
Queens
Control #:
US-01101BG
Format:
Word; 
Rich Text
Instant download

Description

Adverse possession is a means by which someone may acquire title to the land of another through certain acts over a defined period of time. Such acts must continue uninterrupted for the time period defined by state laws, which vary by state. In general, the acts of possession must be overt, hostile, exclusive, and uninterrupted. In this form, a neighbor is recognizing by affidavit that his driveway encroaches on his neighbor's property and that he (the affiant) has and makes no claim to the property of his neighbor on which the driveway encroaches.


This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

What Is Encroachment? Your neighbor builds a fence, and it extends onto your land. A structural addition to their home extends beyond the legal property boundaries. An overgrown garden or hedge crosses onto your land.

Minimum time requirements Before any adverse possession application can be considered you must have been using (or in possession of the land) for at least ten years.

It refers to a situation that needs to be negotiated, authorized, or taken to court. Examples of a major encroachment would be extending a building over property lines or an overhanging tree branch that could potentially cause serious injury.

When making a claim to own unclaimed land, known as claiming adverse possession, you need to have: 'Factual' or exclusive possession of the land.'Intention to possess' the land, shown by a combination of 'factual' possession and other actions to exclude all others from ownership; Possession of the land without consent.

Primary tabs. An encroachment is an unauthorized intrusion onto a neighboring property through the creation or extension of a physical structure (including flora) above or below the surface of land.

The term encroachment refers to a situation in real estate where a property owner violates the property rights of his neighbor by building on or extending a structure to the neighbor's land or property intentionally or otherwise.

What is possession? In a real estate transaction, possession occurs when the buyer takes ownership of a property after signing closing documents. After the sale is recorded with the local government and the purchase funds have been received by the seller, ownership of the property is transferred to the buyer.

This happens when the survey reveals an area inside the property's boundary that is out of possession. What does this mean? It means the survey shows a structure which is completely blocking access to at least one foot of the property.

Below is a list of tips you can employ to help avoid adverse possession: Inspect your sites on a regular basis to ensure there has been no trespass. Maintain thorough records of those inspections; ascertain the date of the initial incursion. Contact previous owners and consult with neighbouring landowners if necessary.

Common Ways to Deal With Encroachments Have a Professional Land Survey Done.Talk Things Out and Offer Concessions.Seek Mediation or a Neutral Third Party.If all else fails, hire a qualified real estate attorney.

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Queens New York Affidavit by Owner of Driveway Encroaching on Neighbor's Property