• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Potential damage to fence by neighbor

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

J

jasim

Guest
What is the name of your state?What is the name of your state?What is the name of your state? NY

I erected my 6ft. wooden privacy fence about 4 years ago, and it sits fully on my property (I had a survey done prior to installation). Most of the length of the fence is about 2 inches back from the boundary line except for a particular run that sits back a foot from the boundary. My fence does not violate any codes or ordinances and is attractive; but nevertheless, the day it was installed my neighbor threw a temper tantrum about the fence because he said he didn't want to look at a fence and that I wasn't being "neighborly" to him because I didn't set it at least 6 feet--his rule, not the town's, by the way. Per my attorney's advice--and not wanting to give away that much of my property besides--the fence was erected just a few inches to a foot back from the boundary. The neighbor, being angry and probably embarrased that he didn't have a "leg to stand on," decided that he'd get even by forbidding me permission to come on his property to maintain that side of the fence. Of course, I will abide by his wishes and verbally assured him of such. Nevertheless, the fence remains a sore spot with him.

This summer, this neighbor put in a blacktop driveway that runs right up to and touches the fence. Some of the driveway is technically a few inches on my property. Realizing that some matters are simply not worth fighting about, I decided not to make an issue about this and just let the matter go without saying anything. Actually, to be honest, the driveway/fence area does looks kind of nice and neat together.

Well, it DID look nice and neat, I should say. It's been a couple months since the neighbor's driveway was finished, and now he is not maintaining a general area of 5 feet or so where the driveway abuts the fence. He is not clearing away yard debris such as leaves and snow from that part of his driveway, which means that the pile of leaves/snow is all piling up against my fence! My concern is that the leaves and snow will eventually cause rot damage to my fence. Of course, I would never trespass on the neighbor's property to clean it away myself--nor should I be expected to--but he is obviously (probably spitefully) not clearing anything away, either.

I cannot simply ask this guy verbally to clean the pile away because it is impossible to have a reasonable conversation with him as would normally be possible with a rational, mature, intelligent adult. Past attempts to resolve problems in this manner have resulted in his becoming beligerent and verbally abusive along with his childlike display of anger. Also, I'd prefer to avoid stirring things up with a certified letter at this time (although this route was necessary on one other occasion when blowing his snow over our fence onto our property where it was piling against the fence on our side).

My questions are: 1) is it out of line to expect him to clear away the pile of leaves/snow away from where they are piling up against my fence? and 2) will I have recourse if down the road this ever-increasing pile causes moisture damage to my fence?

How do you recommend I proceed?
 


BelizeBreeze

Senior Member
Your first question is not of a legal basis.

Your second question is yes, you can take pictures, videos and other proof to show the condition of the fence before and after the debris OR, you can climb a ladder with a blower and blow the crap away from the fence.

Who cares if you piss him off.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top