Neighor with fence one foot inside his porperty

[Domr29]

What is the name of your state (only U.S. law)? NY

My neighbor installed a chain link fence one foot inside his line. I have no fence on my property. All we have between us is grass that we both mow. We are no longer friendly and he has been making the boundaries an issue. He is mowing the one foot but is also cutting an extra foot and a half of my grass because his mower is obviously wider than a foot. In fact it is virtually impossible for him to walk on that one foot of the fence if he walks straight foward. It's questionable even he walks sideways.

Normally, I would not make an issue of this but he has made other encroachments on other parts of my property. I plan to try a speak with him to solve this issue between us.

In the meantime, what access rights does he to that side and is it encroachment and tresspassing even if any part of his body or mower is over the one foot line?

Thank you

 

[Cedrus]

Try this: write him a certified letter, return receipt requested, to let him know he is encroaching on various parts of your property. Detail each encroachment. Say you will give him temporary permission to mow or whatever, subject to revocation at any time.

Take this letter to the county and have it recorded on your deed.

 

[Alex23]

That was pretty bad planning on his part to put the fence where it is. It forces him to step on your property. Any chance of getting him to mow your yard for you?

 

[seniorjudge]

Try this: write him a certified letter, return receipt requested, to let him know he is encroaching on various parts of your property. Detail each encroachment. Say you will give him temporary permission to mow or whatever, subject to revocation at any time.

Take this letter to the county and have it recorded on your deed.

You obviously know nothing about real estate law.

 

[justalayman]

I believe his intent is merely to avoid an adverse possession or prescriptive easement issue with the neighbor. His actions suggested would do that.

Obviously, it doesn;t address contintuing the fight the OP appears to want to have with his neighbor though.

Domr29; a person trespassing is not typically considered an encroachment is terms of real estate.

If he is trespassing (which he would be as you describe), if you want to give him notice, send him a letter demanding he stop. If you don;t want to, call the police when he does trespass although unles there is some real damage, I doubt they will really give a damn. In that case, go to the local prosecutors office and see if you can get them to file charges against your neighbor.

If you cannot convince the DA that this is a great enough crime to be concerned, file a suit and ask the judge to issue a permanent injunction restricting the neighbor from touching your grass. If there is actually no harm, I bet the judge will be just thrilled to preside over such a grand suit.

Once your recieve the injunction, you can file to ask the judge to impose penalties for contempt of court each time the neighbor touches your grass.

If the neighbor is causing you actual damage and not merely working to piss you off (and apparently succeeding quite well I might add), sue him for the damages he has caused.