Property Line Parking Dispute

[Jamma78]

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

I live in Western NY, and I just bought a house in August. We live in the city so parking and property lines are tight.

The previous owners of our house had a dispute with the current owners of the house next door. We have a garage on our property that (according to the Survey) is set back 2.5ft. from the property line. The neighbor does not have a driveway or garage and no street parking so her property essentially has no parking.

The neighbor owns approximately 4.5 ft of land between our property line and her house. She had begun to use the 2.5 feet that belongs to our property to park her car and claim a parking pad existed. The previous owners stepped in an installed concrete parking curbs to prevent this. All was settled.

We moved in two weeks ago and the parking curbs went missing. I was in our guest bedroom that night arranging furniture and the privacy/security light on our deck was triggered and I saw the neighbor moving our parking curbs into a pile in her back yard behind her privacy fence.

The next day I called the police who contacted her and gave her a week to return them. She did not and they returned to request she return them, she did not and so I pressed charges.

Our court date is tomorrow, and in the meantime she has removed the survey stakes and also moved her parking pavers over the property line onto our property.

I know there are laws that can allow her to claim that as her property if she uses it for any length of time, but I want to take steps to prevent that. I also have no idea what to do at this point. I've had the land surveyed twice now and both times she has removed the survey stakes and placed them where she "thinks" they should be.

I just want to know what I can do on that side of my property to prevent her from parking there. I know there are laws against "Spite Fences" but is it considered a spite fence if it is erected to protect my property line? Also, do I have the right to move her parking pavers if they are partly on my property or is that considered trespassing or vandalism?

This is the first house my husband and I have ever owned and I have to admit this is a little overwhelming to deal with after two weeks of residence.

[izzie01]

Get one of those huge boulders delivered and placed in your 2.5 feet. She won't be able to move one of those on her own.

[drewguy]

Or get the parking curbs installed more permanently.

I would present more evidence of her conduct in court and see if they will warn her against it.

Adverse possession will take a number of years, so don't worry about that just yet.

[debtcollector`]

Originally Posted by Jamma78

I've had the land surveyed twice now and both times she has removed the survey stakes and placed them where she "thinks" they should be.

I think that may be illegal.
You should talk to a local lawyer.

DC