Aderse Possession

[lorellen]

We purchased a cottage in New York State 6 years ago from the owner of the cottage right next to it. At the time, we didn't think a survey was neccessary - he showed us where the property lines we and we figured since we knew him (and he would be living right next door) that he was being truthful. (I know - we were foolish not to get the survey but this was my husband's decision and he has since passed away.) Anyway - there were existing stairs that I kept there until 2 years ago. Then my insurance agent said they were unsafe & was going to cancel my insurance if I didn't replace them. I then had new stairs built EXACLTY where the existing ones were. When they were completed my neighbor then proceeded to tell me that a small portion at the top were on his property (the property lines are angled so there is a triangular shaped area in question about 18"x36") He is now telling me I must move them! They are 27 feet in length and cost $2000.00 to install! It would be impossible to move them with out taking down trees and starting all over again! The previous stairs were there for at least 13 years before I built ours. Must I move them?? Can I claim adverse possession? He actually helped us set some of the posts as we were building them! A tiff about parking (he thinks he owns the right of way also) set him off on the stairs. I have since gotten the property surveyed and the piece in question is indeed on his property but in the process I also gained 12 foot of lake frontage that he had claimed was his! My other question is - can legally saw off the top portion of the stairs? I have contacted a lawyer and he keeps telling me to wait.....but I am scared I'll go down there one of these days and find the stairs sawed off which would destroy all the lighting we installed as well as the stairs themselves!! He is continually harrassing me - stealing wood from my woodpile, leaning things against my bushes (he actually dug them up and turned them around to to try to kill them) and sprayed pesticide all over my well. What can I do? The legal fees are killing me!!

[elklaw]

If he is digging up the shrubs and you can prove it, report him to the police. I do not know the charge, but maybe trespassing if he is messing with shrubs and the steps.
Also, I am assuming there is some kind of board or court that adjudicates these land-property disputes. You may want to file a declaratory action on your own at this point seeking a judgment based on the court's power of equity that he gets to keep the frontage and you get to keep your steps, and state that he has unclean hands and has tried to destroy your property and has trespassed on your property. I think you would do just as well to defend yourself and do this on your own. You sound intelligent. Good luck.