spite fence through my private right of way

[attagirl54]

What is the name of your state (only U.S. law)? Long Island, NY
We have a private right of way to use the property strip in the middle of this 21 ft easement to get to our garage in the backyard. This private right of way has been in effect for over 50 years. This is in our survery and in the title wording as well, and not been abandoned by an of the previous owners of this 82 year old home. We alone make use of this right of way to access our garage in the back of this property, my neighbor's driveway and garage is on the otherside of his house. We have maintained it by putting in new gravel 4 years ago down this whole driveway without asking for him to share in this cost, and I alone keep up any weeding that is necessary. Recently our neighbor who shares this right of way, tore out all his beautiful pine trees along his fenceline bordering this easement. Thus taking away from each of us our wonderful privacy and sound barrier. Then he proceded to errect a huge commercial batting cage bordering all along this fenceline 70 ft long by 14 ft high with a automatic pitching machine for his son to hit hardballs with an aluminum bat all day. We went to the town to complain. The town has been no help at all. These people have been so vendictive since then. Now they hired a surveyor and put up these stakes all down the length of this private right of way, and he's told us these people are looking to erect a fence all the way down the the right of way(his half) My question is, can this neighbor push out his fence and build on this right of way as he is threatening to do? I've always been under the impression that neither of us could ever build on this easement. We would no longer have ease of driving down this right of way without problems, since we own 2 SUV's. This would be a clearly malicious action on their part and I don't want them to destroy the beauty and market value of my home any more then they have already. I think this would qualify as a spite fence. My other question is: what can we do to prevent these people from just moving ahead with having the fence installers just show and and start doing this? My husband says the police won't get involved, this neighbor apparently has a "friend" of influence in the building and planning dept down in the Town. My husband feels he should just park his truck in the way so they can't build it. But I'm afraid he may be in more trouble doing this. My attorney was contacted and will send a registered letter to these neighbors, but I'm just afraid if this fence goes up, it will take ages to win having it taken down. Do you think a copy of this letter be sent to the town as well? Any advice you could give me would be much appreciated.
PS: we have never had any issues with this neighbor until this batting cage went up.What is the name of your state (only U.S. law)?

[attagirl54]

I have one who I will speak with tomorrow, but in the meantime, I just wanted some free advice as what I could possibly do if these workmen show up tomorrow.

[VictorD]

Originally Posted by attagirl54

I have one who I will speak with tomorrow, but in the meantime, I just wanted some free advice as what I could possibly do if these workmen show up tomorrow.

You can speak to the workmen and threaten to sue them, the owner of their company, and the neighbor who hired them. There's no guarantee that they will be scared off. But chances are, the owner of the fencing company will have encountered these situations before. They may decide that it's not worth it to get involved in the dispute between you and your neighbor.

[154NH773]

This is in our survery and in the title wording as well,

You will have to search your neighbor's succession of deeds to ensure that you have been granted an easement on his property. If you have, then he must abide by the rights you have been granted.
If he blocks you from exercising those rights, you may ask a court for an injunction to prevent him from continuing. If he damages you by blocking your access, you can sue for damages.
The police will usually not get involved in this type of dispute.

[attagirl54]

Our home was built in 1927 and his was a newer home built in 1997. He's been the sole owner. Thanks for the advice.

[154NH773]

Our home was built in 1927 and his was a newer home built in 1997. He's been the sole owner.

Just be aware that his ownership may be irrelevant. An easement agreement runs with the land (in most cases), and may have been inserted in a previous landowner's deed. A title search of his deed, and his predecessors' deeds will probably be required.

A title company can do a search, usually for minimal cost. You can do it yourself. The local registry offices are usually very helpful.