Ownership of easement dispute

What is the name of your state? NY
I bought a house in 1996. According to the survey, my property line is 18 inches from the wall of the house on one side. This is connected to the neighbor's driveway.

I found out today that my neighbor is repaving part of his driveway from the wall of my house. He didn't tell me about it. I saw his contructor breaking the ground from my wall so, I ask my neighbor and he said he can do whatever he wants with his property which is including the 18 inches of my land.

1. In the past, my neighbor did mention that I cannot put a fence on the property line because it will be hard for his car to pass thru. Is this an easement?
2. He has a closed gate on his driveway, the only way I can go to the side of my house is to have my neighbor open the gate. Is this legal?
3. If his car can pass thru but tight, can I allowed to fence on my property line?
4. Does he has claim to the land even the survey says it my land?
5. If he paved the whole driveway including my 18 inches side, does he owns the land?
6. The construction is going on, and according to the forecast it will rain, if water comes in to my basement, is he responsible to pay for any damage it might incur? Do I have recourse on damages incur by this construction?

Hope to hear for some advise.

NelsonWhat is the name of your state?

I bought a house in 1996. According to the survey, my property line is 18 inches from the wall of the house on one side. This is connected to the neighbor's driveway.

I found out today that my neighbor is repaving part of his driveway from the wall of my house. He didn't tell me about it. I saw his contructor breaking the ground from my wall so, I ask my neighbor and he said he can do whatever he wants with his property which is including the 18 inches of my land.

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1. In the past, my neighbor did mention that I cannot put a fence on the property line because it will be hard for his car to pass thru. Is this an easement?

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Not unless it is recorded as an easement

2. He has a closed gate on his driveway, the only way I can go to the side of my house is to have my neighbor open the gate. Is this legal?

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Sounds like a no fits here. He cannot restrict you from your own property.

3. If his car can pass thru but tight, can I allowed to fence on my property line?

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As long as he does not have an easement to the 18 inches, yes you can. If he needs the 18 inches and has used it for a prescribed period of time, he may be able to sue for a prescriptivfe easement though.

4. Does he has claim to the land even the survey says it my land?

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Again, if a prescriptive easement is available to him, it may. He would have to go to court and prove this though.

5. If he paved the whole driveway including my 18 inches side, does he owns the land?

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Probably not. Adverse possession may come into play eventually, depending upon your states laws. It will give him a good case for a prescriptive easement though.

6. The construction is going on, and according to the forecast it will rain, if water comes in to my basement, is he responsible to pay for any damage it might incur? Do I have recourse on damages incur by this construction?

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More the contractor will be liable, but the neighbor may share some liability.

Bottom line here is if you own the land and you do not want him to pave yours and/or restrict you from using your land, you need to stop him now. Write a cease and desist letter , mail it CRRR, to the neighbor and the contractor disputing the action based upon your ownership. If the contractor does any work on your property, call the police, the contractor is trespassing. They should tell him to stop until this is worked out in court.

Very important; get an attorney to help you and do it NOW. You cannot afford to wait. An attorney can get an injunction to stop the work until all issues are settled. If your neighbor wants to claim this land by prescriptive easement (allows use, but not paving it) or adverse possession (allows actual ownership) he will need to go to court to prove his rights. Until then,and only if he wins, he is trespassing on your property.

justalayman,

Thanks for your advise.
My neighbor continued the work today and most likely tomorrow and will probably finish the work by Monday or Tuesday (seems like).
They have removed the concrete already and are in the process of laying the bricks.

Should I be calling the police now since I can't get a cease and desist letter or find a attorney at this time?

Thanks.

sco0212 said:

justalayman,

Thanks for your advise.
My neighbor continued the work today and most likely tomorrow and will probably finish the work by Monday or Tuesday (seems like).
They have removed the concrete already and are in the process of laying the bricks.

Should I be calling the police now since I can't get a cease and desist letter or find a attorney at this time?

Thanks.

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I know I would be. Be aware though there are two things to understand;

1. the police will tell you it is a civil matter, which for the most part is correct, and they do not handle civil matters, only criminal. Trespassing can rise to the level of criminal in some states and for certain reasons. The fact the neighbor is damaging your property may take it there. The idea though is to merely get him to stop until this can be settled in court. The cops should help you out with at least this.

2. if the neighbor is somehow correct in ownership, he may be able to levy some costs against you. Things like additional fees he may incur from his contractor due to you. If you are right though, stand up for your rights. If you don;t, you could lose control of that portion of your property.

Now when you are proven right, be sure to allow the neighbor to pay the bill to restore your property to it's original state. That's the least he can do.