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miraspeace

Junior Member
NY
I have posted once before but lost any replies by error on computer. Please help, this is now an urgent matter for me.
My neighbor says his new survey shows he owns a portion of my small backyard. He says he is right and is coming in two days to take a fence down which has been there for over 17 years since before my house' previous owners have been here. I have owned my house for 7 years. This neighbor says he's owned his property for 15 years (it is an old apt. house).
He says he can take what is his and does not want to sell, give or loan this piece of land to me. He has about 3+ acres. I have .17 of an acre. I asked about an easement to it. He says no. He is coming to move the fence and my shed in two days.
My property is mostly in front of my house with the two sides and back very small.

If this fence is moved, I will lose the access to an outdoor faucet and a chimney which is inbetween two cement structures which would then abut the moved fence, thereby losing any access. What are my options?
I am single mom of nine children, four are still at home and a niece and her two children have recently come to live with me. I don't have an attorney yet. I will try to borrow from someone to hire a lawyer, but what about right now? He has hired people to do his work and I see them working on his property now. What can I do right now?
Help, please.
And thankyou for any advice you can give to me.
Statute of limitations I am told in NY is 7 years. What about just the fact that both he and I have used this fence as a boundary? We have never heard a complaint before now. We have always mown our own side of this fence, etc?
Right now, I think I am being 'railroaded' and I believe I should have some rights to the land. I am trying to talk to him, but he doesn't want to talk about it. I will probably call the sheriff when he comes. I put in a call to his home, but so far no answer. I want to ask him for more time as I will have a survey done too.
 


LindaP777

Senior Member
You must hire your own surveyor, and do it quickly.
If the neighbor comes over tomorrow in attempt to move the fence or shed, call the police and tell them he is there threatening to tear them down (I hope you'll be home all of tomorrow to guard your property). Tell the neighbor you have ordered a new survey and you need him to wait until you have the new findings before he proceeds. It could be that his surveyor is wrong. If he is right, better move the shed. Most areas have (oh . . . what is is called? . . . not a "set back" line . . . I can't think of what it's called . . . but it's) a distance required between houses (not necessarily true for city areas). It's enough room to access the side of your house & faucet, so also check with your county building department.
 

miraspeace

Junior Member
yes he is hiring a lawyer to send letter now...

NY
Hello and thankyou for your replies....I called my neighbor last night hoping to come to some agreement and asked once more if it turns out his survey is correct, would he consider an easement. He flatly refuses and said his lawyer will be sending me a Certified Letter in the next day or so.
He said 'he just wants what is his'. I asked again if he wanted to sell and he said 'no'. I believe he may be getting his property ready to sell but I don't know this for sure. However it may be one reason he is anxious to get this done now.

I said I needed time because I was going to get a survey done.
I am calling someone to do a survey.
He said he actually owns a piece of the area where my cement attachment covers to my basement and to another area, are--- and he said I better move the fence.

I want to hire a lawyer.
I notice a fence on the other side of his property looks very like my own side. I wonder whether that fence was put there around the same time someone put up the one at my backyard. It would have been put up ,then, before even the previous owners of my house were here,over 17 years ago---- if it was put up at the same time.
At present without any other searching of title records, there does not appear to be a previous easement on record, but how do I search the history of this land to find out for sure.
I believe I have cause for adverse possession. But even so, isn't there such a thing as access or even emergency access, to my home being cut off as a reason to argue his actions?
Can I get some sort of injunction? Or is his letter going to nullify some action or right for me to act?
I will check too for the building codes for access etc.. Thankyou for any help or advice.
 

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