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Question regarding Adverse Posession New York

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  • Question regarding Adverse Posession New York

    Hello. I've owned my home for 2 years, and it has been my legal residence for 6. ( I have lived there a total of 6 years-4 years rent, 2 years own). Directly in back of me is a commercial property, which is leased, that has an active retail store on it. When I moved there, there was a partial fence (don't know who put it up...could've been the previous owner, the leasor or the retail store), which I later added sections to that sits between the retail store parking lot and my property. The fence technically sits on the commercial property. I have always used & tended (mowed, watered, etc) this property and there wasn't any problems. Now, an individual is seeking to purchase this commercial property and sent us a letter stating that in order for him to get insurance/mortgage, he must move the fence back to where it belongs. I have been told that there is something called 'adverse posession' which would entitle me to this land, eventhough according to the survey on file, it is not mine, because I have tended it. I called the county and they advised me to seek legal counsel. They also stated that I must have lived in and tended this property for 7 years. Obviously, if that is the case, I wouldn't be entitled to it.
    Before I seek legal counsel and shell out any money can anyone help clarify this situation? Also, if I am entitled to this property, will I have to begin paying property taxes on it? Would there be back taxes owed?Would I be responsible for changing the usage status from commercial to residential? Any help would be greatly appreciated. Thanks so much!!
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