What is the name of your state (only U.S. law)? New York
My mother has lived in her house for 20 years and in constant activity of growing a green privacy fence which was a beautiful and lush wall of garden (of which we have a picture). The landlord and owner of the multi family unit next door, which was not built yet when my mother moved in, has tore up our legal easement on which my mothers garden was growing. In one afternoon he obliterated a 20 year old garden by taking out all the trees and digging out the roots and cemented over it right up to our fence. The backyard now is completely bare with dying leftovers and the privacy is non existent. She now sees the street, the brick wall of the building next door and their small parking lot in the back. And, he wants to make his strip of alley along with our easement, a driveway.
Needless to say she is emotionally extremely distressed, is losing sleep and feels deeply, deeply hurt.
We have a survey of the house which maps our easement and a legal document between the previous owner of her house the previous owner of the land next door, which states the the easement belongs to our property and the neighbor may not use it for any public purposes. And, that this easement stays until the year 2190.
My questions are:
1) He is willing to build a privacy fence there but my mother wants him to rip out the cement and replace the greenery AND build a privacy fence.
a) is that a reasonable request?
b) if he doesn't agree to all that should we sue him?
c) can we sue for damages and emotional distress to an elderly person?
d) should we try to do it out of court or should this really be addressed legally?
I would greatly appreciate any help.
My mother has lived in her house for 20 years and in constant activity of growing a green privacy fence which was a beautiful and lush wall of garden (of which we have a picture). The landlord and owner of the multi family unit next door, which was not built yet when my mother moved in, has tore up our legal easement on which my mothers garden was growing. In one afternoon he obliterated a 20 year old garden by taking out all the trees and digging out the roots and cemented over it right up to our fence. The backyard now is completely bare with dying leftovers and the privacy is non existent. She now sees the street, the brick wall of the building next door and their small parking lot in the back. And, he wants to make his strip of alley along with our easement, a driveway.
Needless to say she is emotionally extremely distressed, is losing sleep and feels deeply, deeply hurt.
We have a survey of the house which maps our easement and a legal document between the previous owner of her house the previous owner of the land next door, which states the the easement belongs to our property and the neighbor may not use it for any public purposes. And, that this easement stays until the year 2190.
My questions are:
1) He is willing to build a privacy fence there but my mother wants him to rip out the cement and replace the greenery AND build a privacy fence.
a) is that a reasonable request?
b) if he doesn't agree to all that should we sue him?
c) can we sue for damages and emotional distress to an elderly person?
d) should we try to do it out of court or should this really be addressed legally?
I would greatly appreciate any help.
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