In RSVL Inc. V. Portillo, 16 Misc 3d 1137[A], 851 N.Y.S.2d 61, 2007 NY Slip Op 51724[U] [Sup Ct 2007], the plaintiffs notified the defendants that plaintiff intended to replace an existing fence with a new one, which was to be moved to run along what plaintiff asserted was the correct property line.

There the Court held that "the mere presence of a fence is insufficient.

There must be a showing that it was a substantial barrier erected by the party claiming adverse possession, without the consent of the owner." Id.