Real Estate Law Firm NY Resolves Land Encroachment Dispute

1. Real Estate Law Firm NY | Background of the Property Acquisition and Dispute

The client consulted a real estate law firm NY after discovering that a portion of a recently acquired parcel in Queens was being used by a neighboring property owner without permission. The matter raised immediate concerns under New York property law regarding unlawful occupancy, continuing trespass, and interference with recorded ownership rights. Early legal intervention was required to prevent the encroachment from becoming further entrenched.

Auction Purchase and Title Perfection

The client successfully purchased a long neglected vacant lot at a judicial foreclosure auction conducted pursuant to New York Real Property Actions and Proceedings Law.

Following confirmation of sale, the client completed recording of the deed with the county clerk, thereby establishing legal title under New York Real Property Law.

The parcel, valued at several hundred thousand dollars based on comparable land sales in the surrounding area, was intended for future commercial development.

Discovery of Unauthorized Use

During a post acquisition site inspection, the client learned that the adjoining owner had constructed storage sheds and fencing that extended several feet onto the client’s lot.

Subsequent investigation revealed that the encroaching party had treated the occupied portion as private storage space for many years.

Despite lacking any easement, lease, or license, the neighbor asserted informal entitlement and refused to vacate.

2. Real Estate Law Firm NY | Pre Litigation Enforcement Efforts

Before initiating formal litigation, the real estate law firm NY undertook a structured enforcement approach designed to document the encroachment and provide the opposing party with lawful notice. These steps were critical to demonstrating good faith compliance with New York procedural requirements and refuting any claim of acquiescence.

Formal Demand and Notice Record

Counsel issued multiple written demands for removal of the structures and surrender of possession, citing the client’s recorded ownership and the absence of any legal right to occupy the land.

Notices were served in accordance with CPLR service requirements, and proof of delivery was preserved.

The neighboring owner failed to respond substantively and continued using the land without modification.

3. Real Estate Law Firm NY | Litigation Strategy for Land Recovery

With informal measures exhausted, the real estate law firm NY commenced a land recovery action under the New York Real Property Actions and Proceedings Law (RPAPL) seeking possession, removal of encroachments, and monetary relief. The litigation strategy focused on objective proof of boundaries, intentional trespass, and unjust enrichment resulting from prolonged unauthorized use.

Boundary Verification and Encroachment Evidence

Licensed surveyors were retained to confirm lot lines based on filed subdivision maps and tax lot records.

Drone imagery, historical aerial photographs, and survey overlays were introduced to demonstrate that the structures were knowingly placed beyond the neighbor’s lawful boundary.

Third party witness affidavits established the duration and continuity of the encroachment.

Bad Faith Occupation and Damages Claim

The court was presented with evidence showing that the defendant continued expanding storage structures even after receiving notice of encroachment.

Relying on New York common law trespass principles and unjust enrichment doctrine, counsel sought damages calculated using prevailing commercial land use rental values.

Statutory interest was also requested pursuant to CPLR provisions governing delay damages.

4. Real Estate Law Firm NY | Final Judgment and Enforcement Outcome

After review of documentary and testimonial evidence, the court found that the defendant had no lawful possessory interest and had acted in conscious disregard of the plaintiff’s property rights. The decision reaffirmed that long term unauthorized use does not defeat recorded ownership absent legally recognized adverse possession, which was not established under New York law.

Court Ordered Removal and Land Restoration

The court issued a judgment directing the defendant to dismantle all encroaching structures and restore the land to its original condition.

A deadline for compliance was imposed, with authorization for enforcement proceedings if voluntary removal failed.

Possession of the disputed portion was ordered returned to the client.

Monetary Relief and Legal Significance

In addition to injunctive relief, the court awarded damages reflecting the reasonable value of land use during the period of unlawful occupation, together with statutory interest.

This outcome underscores how strategic representation by a real estate law firm NY can effectively protect landowners against entrenched encroachment disputes while preserving full property rights under New York law.

26 Jan, 2026