Staircase in Driveway

I recently bought a home in NYC. My neighbors house abuts my driveway. They have built an entrance to the home on this side and constructed a staircase rendering the driveway useless, and the garage useless. They have their own driveway on the other side of the house.

On whose land is the staircase?

It appears to be a few inches onto my property (trying to clarify with survey at the moment) It was my understanding that no permanent structures can directly abut your property. In other words even if it is entirely on his property can i make them remove it.

Tubes said:

It appears to be a few inches onto my property (trying to clarify with survey at the moment) It was my understanding that no permanent structures can directly abut your property. In other words even if it is entirely on his property can i make them remove it.

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Not only that, but in many communities, there are also front and side set back lines. How long has this structure been there? You need to check your deed restriction, local ordinances, and survey. If local code enforcement might be sufficient, you may just need to get the building inspector out there and request enforcement. If not you may need and updated survey and an attorney to enforce removal of the encroachment.

nextwife said:

Not only that, but in many communities, there are also front and side set back lines. How long has this structure been there? You need to check your deed restriction, local ordinances, and survey. If local code enforcement might be sufficient, you may just need to get the building inspector out there and request enforcement. If not you may need and updated survey and an attorney to enforce removal of the encroachment.

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ditto.


it sounds as if you are getting a survey to make certain of property lines. very good first step.

the very next step I would look into (even before you got a survey report if you want) is to check local building ordinances for the setbacks as nextwife spoke of.

then, I while checking that, I would speak with the building department to see if a permit was required for and obtained for the staircase. That may remove your need to take any action as the building department, if this was not done legally, may require it's removal.

I wouldn't get your hopes up though. It is NYC, where just about every property has a zero lot line. Check OASIS for more zoning info:
http://www.oasisnyc.net/oasismap.htm

If it were a zero lot line, then wouldn't the entire staircase would be on my lot. I am assuming only some of it is encroaching based on the position of the fence line. Thanks for Oasis link. Very infortmative.