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Man deals with his home, partially on neighbor's property

Oct. 22, 2013 at 5:49 PM   |   Comments

PELHAM MANOR, N.Y., Oct. 22 (UPI) -- A Westchester County, N.Y., man cannot enter parts of his house without risking arrest because it sits across a property line, he says.

Part of the home of retired New York Police Department officer William Cullen, in upscale Pelham Manor, N.Y., was ruled to be 3 feet over the property line of the neighboring house, owned by the wife of former New York Jets guard Sam DeLuca who died in 2011, the New York Daily News reported Tuesday.

A stone divider served as the boundary between the houses for years and was apparently unquestioned when a previous owner of Cullen's home built an addition in the late 1930s, the newspaper said. A subsequent survey indicated the addition was actually 3 feet over the line drawn in 1908.

"The judge drew a line through my house and said, 'You don't own this part of the house,'" Cullen said of a court case earlier this year. "It's my house. I can't even do any repairs. If I got out and did something I'd be arrested."

Cullen said he discovered the amended survey after moving into the home in 2001. Later he was denied a permit to do repairs because a portion of the house was no longer on his property, the newspaper said.

The DeLuca family wrote in court papers that "Cullen is asking the court to grant a license of unlimited trespass on the defendant's property, subject only to his whim."

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