Neighbor putting up a fence

[jbella]

What is the name of your state (only U.S. law)? New York

My next door neighbor is going to be putting in a 6' wood fence down the property line (on his property). The property line is about 2 1/2 feet from my driveway. My driveway is very long and I clean it by hand. I have to push the snow to that side of the property. The other side of my driveway is a tall retaining wall and I'm just unable to lift the snow that high.

I read on another posting that you could sue your neighbor for damages to your fence because of their snow but the neighbor was intentionally damaging the neighbor's fence.

I won't be intentionally piling snow up against his fence but in a heavy snow-fall there just isn't anywhere else for it to go. The neighbor was here last winter so is aware that I put my snow there.

Could someone please tell me my legal rights for using my property? I don't want to be sued for a fence replacement.

Thank you.

 

[justalayman]

If what you do damages the fence you can be held liable for those damages. I guess my question is; how would you be damaging his fence?

 

[jbella]

I was worried that the snow would rot the fence faster than normal.

 

[Just Blue]

I was worried that the snow would rot the fence faster than normal.

Perhaps you should hire a plow to take care of the snow in your driveway??

 

[jbella]

Perhaps you should hire a plow to take care of the snow in your driveway??

No I don't feel that I should have to burden the expense.

 

[Eekamouse]

No I don't feel that I should have to burden the expense.

Keep your snow off his fence and you should be fine.

 

[adjusterjack]

I won't be intentionally piling snow up against his fence

Yes, you will.

The damage will be unintentional but you'll be liable for any damage you cause regardless of your reasons or motives.

I was worried that the snow would rot the fence faster than normal.

Then I suggest you spray your side of the fence with some sort of clear protectant that will waterproof your side where you pile the snow.

It'll be a lot cheaper to do that than to pay for replacing a water damaged fence.

 

[jbella]

Yes, you will.

The damage will be unintentional but you'll be liable for any damage you cause regardless of your reasons or motives.



Then I suggest you spray your side of the fence with some sort of clear protectant that will waterproof your side where you pile the snow.

It'll be a lot cheaper to do that than to pay for replacing a water damaged fence.

Thank you. I will talk to the neighbor about my concern and see if something can be worked out.

 

[jbella]

Keep your snow off his fence and you should be fine.

Yes, I'm thinking I'll put a short solid decorative fence in front of his and that will be one less worry for me. I appreciate the help everyone!