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Zoey, JD
Zoey, JD, Criminal Defense Lawyer
Category: US Law
Satisfied Customers: 28331
Experience:  Over 20 years of high volume criminal defense work,including all aspects of a case from arraignment to plea or trial.
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In NY state, neighbour selling. I have a dispute with them

Resolved Question:

In NY state, neighbour selling. I have a dispute with them as a garage roof overhangs my boundary and the water from roof keeps my shed wet.
How can I resolve this?
Submitted: 3 years ago.
Category: US Law
Expert:  Zoey, JD replied 3 years ago.

t Hello,

My name is XXXXX XXXXX I am a US lawyer.

If your neighbor does not respond favorably to your letter, then you will have to take legal action. You could contact a lawyer and have him file or threaten to file a lis pendens against the property. That is formal notice that you intend to sue to resolve a legal problem involving the property.

While a lis pendens won't prevent the sale from going through, it does warn prospective buyers that there's a dispute regarding the property. As you can imagine, learning of this can be very discouraging to a potential buyer. So it may make the owner more eager to resolve this problem with you than he is right now.

If you don't know where to find a NYS property lawyer, you can contact the New York State Bar Association's Lawyer Referral Service. They charge a fee of around $35 for the referral but it includes a half hour free consultation with the lawyer that you can have over the telephone.

Customer: replied 3 years ago.
Dear Fran,
DO I need to establish probable cause before I file lis pendent.
The garage,studio got a certificate of compliance in June 24 1996. I do not know if roof was altered afterwards, or they ignored property line. Certain ally the walls are the required foot back.
The water damage to my she'd has been ongoing, I think I even tried to fix their gutters.
Looking forward to hearing back.
I want to file ASAP as they have a buyer waiting to sign.
Expert:  Zoey, JD replied 3 years ago.
A lis pendens is just a formal notice that you're taking legal action because some aspect of this property is in dispute. It is not something that you ought to do unless you are actually planning on following through with a suit against your neighbor. The court would frown on a procedure that was used frivolously and you could face sanctions for it. But it is a quick and effective way of getting the neighbor's attention.

Again, you need to talk to a NYS real estate lawyer to get this done. Nobody here can file this on your behalf as it is prohibited by the site's terms of service.

Here is the provision of NYS law that allows for it and explains the procedure.
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