What is the name of your state? New York
I own a townhouse on a very small lot. My house was part of a neighborhood revitialization effort.
One building was put up on a triangular shaped lot. The lot was divided into 2 parcels with the center line following a party wall. One lot is triangular in shape and the other 4 sided with a 6' side at the top.
I've owned the tnhse for 13 years. About 3 years after I moved in, I put up a 4' picket fence (things were disappearing from my yard and I thought it would slow them down). The building department did not require permit for fences less than 4' high. I had a survey, but could not find the center line stake near the 6' section. I found one stake and built the fence where I thought it would not be on my neighbors property and to give myself room to maintain the fence without going onto her property. I told her this. I couldn't find the marker and was trying to be safe.
Two years ago, 8/02, my neighbor's boyfriend asked if he could move my fence in order to put up a 6' privacy fence about 26' long . My fence needed painting and I let him take it down. I also told him that the spot where I had my fence was NOT the property line. My neighbor came out with what I believe was a map, told me that the survey wasn't complicated and that she was putting the fence along the property line. I told her again, that my fence had not been along the property and if there was a problem she would have to move it. She told me she wasn't going to move anything and she had the fence built on what I believed to be my property. The police told me to contact the building department. The fence was built over a weekend and by the time the building department opened on Monday, the fence was up.
To shorten this, I wrote a complaint out and it was lost by the building department. They told me to get a survey.
I finally had the survey done in 8/03 and found that my neighbor's fence is about 5' into my property. I got the new map in 1/04 and hired an attorney, who sent 2 letters and a copy of the new survey that were ignored. In 6/04, I had the surveyor come back to restake the lines and my neighbor pulled out the stakes and painted over the markings left by the surveyor. The police came, they called him an f...b... who didn't know the law, threw a rock at me while the police officer was there and tried to have him arrest me for trepassing. I wrote another letter to the building inspector and both my neighor and I were then cited for having a fence on my property without approval.
My attorney advised me to let it go because it would be very expensive to go to court. Then I got a call that my neighbor hired an attorney who wanted to meet at the property so maybe this could be settled before going to court.
We met at the property with attorneys. She and her attorney suggested that my surveyor had made a mistake and a new survey might be needed. I got a letter from her attorney saying that she had been advised that she MIGHT have to get a new survey. The building department issued her a permit to replace my existing 4' fence with hers (based on a sketch she submitted).
I got another bill from my attorney.
I know this is long and crazy but I am at my wits end.
Can I take her fence down? There are now 2 surveys showing that her fence is on my property. I need that section to put in a rear entrance to my property. She is not going to take it down.
Does she have to file in court to claim adverse possession or does she simple get my property? I have heard her talking about how she has maintained my property and now it is hers. There was nothing in this small area but wild daylilies. She started putting in permanent plantings and a walkway after she put up her fence. That's when I got nervous.
Can this fence issue hold up a sale? I'm trying like heck to get out of here.
i know its a lot but I haven't even started talking about how my neighbor capped a common drainage pipe and now my basement floods.
I want to resolve this so I can move.
Any advice will be greatly appreciated.
bmadeline
I own a townhouse on a very small lot. My house was part of a neighborhood revitialization effort.
One building was put up on a triangular shaped lot. The lot was divided into 2 parcels with the center line following a party wall. One lot is triangular in shape and the other 4 sided with a 6' side at the top.
I've owned the tnhse for 13 years. About 3 years after I moved in, I put up a 4' picket fence (things were disappearing from my yard and I thought it would slow them down). The building department did not require permit for fences less than 4' high. I had a survey, but could not find the center line stake near the 6' section. I found one stake and built the fence where I thought it would not be on my neighbors property and to give myself room to maintain the fence without going onto her property. I told her this. I couldn't find the marker and was trying to be safe.
Two years ago, 8/02, my neighbor's boyfriend asked if he could move my fence in order to put up a 6' privacy fence about 26' long . My fence needed painting and I let him take it down. I also told him that the spot where I had my fence was NOT the property line. My neighbor came out with what I believe was a map, told me that the survey wasn't complicated and that she was putting the fence along the property line. I told her again, that my fence had not been along the property and if there was a problem she would have to move it. She told me she wasn't going to move anything and she had the fence built on what I believed to be my property. The police told me to contact the building department. The fence was built over a weekend and by the time the building department opened on Monday, the fence was up.
To shorten this, I wrote a complaint out and it was lost by the building department. They told me to get a survey.
I finally had the survey done in 8/03 and found that my neighbor's fence is about 5' into my property. I got the new map in 1/04 and hired an attorney, who sent 2 letters and a copy of the new survey that were ignored. In 6/04, I had the surveyor come back to restake the lines and my neighbor pulled out the stakes and painted over the markings left by the surveyor. The police came, they called him an f...b... who didn't know the law, threw a rock at me while the police officer was there and tried to have him arrest me for trepassing. I wrote another letter to the building inspector and both my neighor and I were then cited for having a fence on my property without approval.
My attorney advised me to let it go because it would be very expensive to go to court. Then I got a call that my neighbor hired an attorney who wanted to meet at the property so maybe this could be settled before going to court.
We met at the property with attorneys. She and her attorney suggested that my surveyor had made a mistake and a new survey might be needed. I got a letter from her attorney saying that she had been advised that she MIGHT have to get a new survey. The building department issued her a permit to replace my existing 4' fence with hers (based on a sketch she submitted).
I got another bill from my attorney.
I know this is long and crazy but I am at my wits end.
Can I take her fence down? There are now 2 surveys showing that her fence is on my property. I need that section to put in a rear entrance to my property. She is not going to take it down.
Does she have to file in court to claim adverse possession or does she simple get my property? I have heard her talking about how she has maintained my property and now it is hers. There was nothing in this small area but wild daylilies. She started putting in permanent plantings and a walkway after she put up her fence. That's when I got nervous.
Can this fence issue hold up a sale? I'm trying like heck to get out of here.
i know its a lot but I haven't even started talking about how my neighbor capped a common drainage pipe and now my basement floods.
I want to resolve this so I can move.
Any advice will be greatly appreciated.
bmadeline