who owns the trellis?

What is the name of your state? NY
This is so trivial, it's embarrassing.
We bought our house 9 years ago. Our backyard abuts the neighbors and is divided by a cinderblock wall.
The previous owner of the abutted property ( a sweetie pie) built the wall himself many years ago and told us it was ours, on our property.
We planted it and built and installed a copper pipe trellis on his side with his permission. Lately, the trellis has become unwelded and we planned to remove it.
Meanwhile, the other property was sold 2 years ago. We saw the neighbors in the yard last week and informed them in a friendly way ( I offered them plants!) that it was broken, soory for being over your property, and we would remove it.
We were told, no problem, they were putting up a fence anyway.
By the time we returned with a screwdriver, they changed their minds saying that the wall itself belonged to them, as well as the trellis we built and paid for. Also, they claimed own 8" of property on our side of the wall. They later said perhaps it's only 3/4" (.08"?) Geniuses! They repaired the 10" trellis with scotch tape! Yeah, that will hold.
I dont care to make a federal case about the wall (they can choke on it) and I got my plants out, but we planned, bought and built that trellis and they are NOT keeping it, even if I have to steal it.
They keep screaming it's legal, legal, legal ( ( maybe not?) and even my husband wants me to forget about it but I have waited 50 years for a garden of my own-I am homebound by disability; my tiny 20x20' garden is my paradise. Every time I see the trellis, I get an anxiety attack.
I don't want to get arrested or sued, but I can't live with this.
How can anyone be so petty and spiteful? How can I rid my yard of bad vibes and still keep my property? What should I do? Thanks in advance! Bebe

i understand how you feel. some people are just crazy sometimes. this is what i would do. 1. get a survey done as soon as possible. if the trellis is on your side, advise them and show them the survey stakes. 2.if they won't allow you to have it, then they are unreasonable and you should call the police. i'm not one to call the police with a problem with a neighbor, but clearly if you show them evidence that it is on your land, they can't refute that fact and taking your trellis on your land would be theft. belive me, i've had problems with rude and crazy neighbors myself and if you don't do drastic measures, they'll continue to do worse.

Wall not ours, but trellis is

We are not disputing ownership of the wall itself, I only want my trellis, that we designed, bought, built and installed. Also, we have the original survey, it's a law in NY, which we never questiones till this neighbor from hell.
I need to know: if I take it, will that be considered theft? Can I be arrested, or sued? Please advise.

You are missing the point. The survey is very important.

Where exactly is the property line in relation to the fence and your property, Exactly where is the trellis in relation to the fence?


your property

cinder block fence dementions h/d/w

trellis

property line

their property

this is how it is. if the trellis is on your side of the property it it yours. if it is on their property then it now belongs to them. simple. even if you built it and the last owner was fine with it, if it's on their property, then it's theirs.

Forget the survey, forget the wall; my question is:

bbloomz said:

I need to know: if I take it, will that be considered theft? Can I be arrested, or sued? Please advise.

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If the trellis in on their property, then you can be arrested or sued for taking it.
Get the survey, sheesh.

Thanks for info

As I said in my original post, we HAVE a survey - sheesh; the wall is theirs.
I just needed to know if I will be breaking the law by taking the trellis that has been mine for 9 years and is now perceived as junk by these nasty spiteful peolpe who will take it down anyway to put up their fence.
Evidently I will. So be it.

We can't give you advice until you answer the question so we can determine ownership.

rmet4nzkx said:

We can't give you advice until you answer the question so we can determine ownership.

Click to expand...

We planted it and built and installed a copper pipe trellis on HIS side with his permission.
Is this thing on?

Don't answer the question and forget about the trellis.

i really dont understand theses replies

What question is being asked? Am I missing something?
Is this not a kinder, gentler law site?

Where does the fence sit in relation to the property line. That is what matters, not who built the fence.