By Julia Marsh
February , 2016
A Manhattan judge told an Upper East Side millionaire that he can’t stop his town-house neighbors from putting up a new fence on a foot of property he has occupied for more than 20 years.
The deed and even a visual inspection show that the iron fence around Philippe Delouvrier’s 92nd Street property encroaches 12 inches into the property line of neighbors Ravi and Suzanne Yadav.
Delouvrier had claimed “squatter’s rights” because he has had the fence there for more than 20 years, and sued to stop the Yadavs from putting up a new enclosure on the real property line.
“However, no facts are pled to support such allegations,” Judge Nancy Bannon ruled last week.
Instead, Delouvrier just complained about the “loss of harmony” he would have to endure while the fence is moved.
The rusty iron railings create a tiny courtyard in front of Delouvrier’s house, but they also clearly encroach on the brick facade of the Yadavs’ building.
Suzanne and Ravi Yadav, a partner at Soros Fund Management, can now replace the fence as part of an extensive renovation on their $8 million pad at 63 E. 92nd St. The massive rehab was stopped after Delouvrier sued his neighbors in March 2015.
“We get the ability to dismantle anything he has on our property, which has now been declared our client’s property,” said Adam Leitman Bailey, the Yadavs’ attorney,
Bailey said his clients “are extremely happy that the judge got it right and have no ill will towards their adversary. They’re looking forward to moving on with their lives as good neighbors.”
But Delouvrier plans to appeal the ruling, lawyer John Simoni said.