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April 1, 2008
Property Line Phots 2x
So as you can see from the photos this is all unusable space...
Comments
Now if we could get techie husband to go into Photoshop and add some arrows, text, and the like...
Posted by: denton at April 1, 2008 5:08 PM
It looks like you may have a mutual easement (is there a driveway between the houses?). If so, the survey should show that. If so, there can be limitations as to where you can put a fence or other structure.
Once I was sure about the location of the property line (the surveyor guaranteed the line) and if the bushes are the line, I would remove the chain link fence and the posts for the wood fence and reset them closer to the line. Be aware that there are limitations as to how close you can put a fence to your property line. An experienced contractor should be able to guarantee the fence is legal in your contract.
Posted by: guest at April 1, 2008 5:10 PM
The bushes wouldn't bother me, and since they are tall, they might be a good barrier between you and your less-than-friendly neighbor. So why not just take down the two fences- I assume you want to put up your own fence, right?
As long as the bushes remain, your neighbor might not care. And she might not mind a new, taller barrier between your properties.
Posted by: guest at April 1, 2008 5:22 PM
Now do not get me started on her driveway. She got a permit in 1991 to put in a curb cut for the driveway. When she cemented her driveway she did not break up the old cement she just cemented over the old driveway which raised it about 1 to 2 inches above our walk way. So when it rained all the water came into my basement. I had to shell out $1,600 to re cement my walk way to the stop the water. Her driveway is still above mine. The cement guy said what she did was illegally? I do not know if it is or isn't.
I am just exhausted over this women..
To top it off all she does all day long is look out the window and watch everything you do, and I mean everything. I think she has 6 eyes!!!!!
Posted by: Absolute Beginner at April 1, 2008 5:26 PM
I'm confused, are the chain link and wood fences on YOUR property or hers?
Posted by: guest at April 1, 2008 5:26 PM
The chain link and wood fences are mine. My main reason for not wanting to take both fences down is that I have small children and if I take both fences down the kids can easily run out of the yard.
So yes that would be the simple solution to take both fences down, but then my kids would be running out of the yard every time.
The bushes do thin out in the back and are not as full as they are up front.
Posted by: Absolute Beginner at April 1, 2008 5:31 PM
if the water running off her property caused damage or expense to your property you probably have a claim against her for damages. Her building up the driveway is likely a violation of code. You should really document these problems and speak with an experienced attorney. Depending on how long ago this happened you might be able to recover the expenses of the repair.
Posted by: guest at April 1, 2008 5:35 PM
So I can just call the Building Department on her? I really do not want to start getting into claims. I rather just call them, and have them deal with her.
Posted by: Absolute Beginner at April 1, 2008 5:43 PM
Water from one property is not allowed to run off onto another.
Posted by: an architect in Brooklyn at April 1, 2008 5:51 PM
OP,
I think you are wise to proceed very carefully here.
Given the mercurial nature of your neighbor and her comportment with others, it would be smart to get a new survey done ASAP by a trusted company, and consult with a knowledgable attorney BEFORE pulling up fences and bushes and whatnot. I would NOT remove anything without having a savvy lawyer first give you the green light, and I'd think twice about calling any agency on her. I've seen feuds erupt and escalate between neighbors, and it ain't pretty.
Posted by: guest at April 1, 2008 6:09 PM
6:09 I agree with you and that is why we did nothing with the fence and said nothing about the driveway. But I am also feeling that I am letting her win and getting the best of me with her idol threats.
I feel, I have rights and I don't want to pay a savvy lawyer for property that is mine . I have no reason to believe this survey is not correct it was only done last July.
I am at a complete loss, and very frustrated and annoyed. I do not want to sound petty, but what's mine is mine and why because she is a "big bully" with a son in law as a Lawyer get the best of me.
Posted by: Absolute Beginner at April 1, 2008 6:25 PM
I apologize for how this may sound but you respond to all these comments and yet don't seem to be able to come to grips. You need to grow a set and put your foot down. If you can't afford any of this then there's nothing you can do except live with it. You need to 1. Hire a lawyer and review it all with him 2. Get the survey work completed to where the property is staked and then 3. Do what your lawyer tells you to do as appropriate remedies for the ridiculous fence issue and your "bully " neighbor. Additionally, the others are right, the runoff issue is something she's liable for as well.
Posted by: daveinbedstuy at April 1, 2008 9:57 PM
I'm confused. You say you don't want to pull down the bushes. And you want to leave the fences to protect your children. So your complaint is that you don't like the fact that the bushes and fences are one your property. But you don't want to take them down. And you don't want to pay an attorney to advise you of your rights. I may be dense, but other than that your neighbor is a pain-in-the-butt, it seems that you are happy with the status quo.
Posted by: guest at April 1, 2008 11:08 PM
I'm confused...if the fences are on your property...what does your neighbor have to do with it??
You need to clarify.
in photo, the yard to left of bushes is neighbor?? and to the right of bushes, is your property?
Posted by: guest at April 1, 2008 11:46 PM
Regarding adverse possession, did the OP ever say how long these fences have been there? Isn't that what dictates whether a property owner can claim that the land inside their fence is now theirs?
Posted by: Rehab at April 2, 2008 12:14 AM
Step up. You don't sound petty, you sound like you are letting this old lady impact your peace of mind and your property value. Be an example to the children you want to keep safe. Show them that you have to stand up and fight for yourself within the system.
Calling DOB and complaining isn't going to be enough. Pony up the cash and get your own attorney. Or grow a pair and get out the saw and cut that crap down so you can build a fence on the line. Then be prepared to pay a lawyer when she tries to sue you.
You definitely have to do something other than your current method. This idea that you shouldn't say anything because you don't want to get her mad isn't working. It's left you with a smaller yard, a wet basement, a bill for a new walkway, and a lot of stress.
Posted by: guest at April 2, 2008 12:50 AM
OK, I'll chime in.
I own a house/lot which acquired a 1-foot strip of the neighbor's lot through adverse possession. On the survey I got when I bought the place (in '86), the true lot line is clearly indicated, as is the foot I acquired. Does your survey look like this?
Also, you don't say how long you've owned the place, or how long the previous owners owned it. Reason I add this is cause if combo of them and you owned it for longer than ten years and took no action, then no action can be taken now. You can, of course, remove anything that's on your property, and you can also trim the bushes that are on your side of the line.
Finally, I would speak to a lawyer--in fact, I'd speak to at least three lawyers. People always think that when they go to a lawyer and he/she says "You have a great case," that the situation will always be resolved in your favor. Remember, people, you hire lawyers to represent you. They do not make the law; they're not judges.
Posted by: guest at April 2, 2008 9:03 AM
I would like to thank everyone on Brownstoner for there great advice.
I have spoken to 2 Real Estate lawyers. Both agreed that I can take down both fences, but I can not take down the bushes, with out her consent. One did mention adverse possession that she MAYBE could claim that since the bushes have been there for more then 10 years.
The bushes have been there before she bought the house in 1983, so we do not know which owner planted the bushes and we will never know.
Both lawyers said I could remove both fences and that would be with in my right and then I essentially will gain that space back just from the pure fact that she is most likely not going to spend a dime to do anything.
At this time I do not want to remove them because I have small children.
Thanks to all I did learn a lot. My only advice is hope and pray you have nice neighbors, as your neighbor does affect your quality of life more then you think.
Posted by: Absolute Beginner at April 2, 2008 9:52 AM
All this hoopla and you're not going to do anything!
Posted by: guest at April 2, 2008 10:07 AM
I thought that the original purpose for the post was so that you could take the fences down and move them to the property line so that you could regain the 1.7' back.
You go through all this and now do nothing. I think maybe you're as crazy as your neighbor. The two of you deserve each other. What an incredible waste of all these commenters' time.
Posted by: daveinbedstuy at April 2, 2008 10:15 AM
This post was so confusing...if the fence is on YOUR property...what does your neighbor have a say about it. You're the one with less yard.
I don't understand what you were trying to accomplish.
Posted by: guest at April 2, 2008 12:31 PM
yeah, I called that up at 11:08 yesterday...some poeple just want to complain.
Posted by: guest at April 2, 2008 1:36 PM
One of the first few comments on my original post one person wrote -
(Google "adverse possession", maybe with the added phrase "New York". If the fence line has been there more than 10 years and she can prove it, your neighbor may be perfectly within her rights to claim the land as her own.)
Posted by: johnife at April 1, 2008 2:37 PM
Now I wanted to get rid of both fences which are on my property. That was not the problem getting rid of the 2 fences the problem was pulling the bushes out and putting a new fence on the property line. Both Real Estate Attorneys told me the same thing as did many people who commented on this Post, that I would not be able to pull them out that she could claim Adverse Possession.
So I am sorry if you felt I wasted your time, but isn't this what this Forum is all about.
To get info, to inform and to get useful information so both the person posting and people reading can get advice.
I am sure this is a common problem that many home owners have. I am a first time home owner and I know I have a lot to learn.
You are right that I went Thur a lot of grief and I am not getting what I want. Which Sucks!!! But I am sure we have all learned that we can't always get what we want or what we deserve.
Needles to say eventually I will get what is mine, maybe not today and maybe not next year, but eventually she wont be living there.
Posted by: Absolute Beginner at April 2, 2008 6:26 PM
Planning on doing her in? She may outlast you there, for all you know. You want to keep the fences - so why don't you just chill out and enjoy your home and yard?
Posted by: guest at April 2, 2008 6:51 PM
The cops will back you up if you have a marked (stakeout) survey, and call them as soon as she starts in. I have bought many properties over the years and one of my priorities has always been to fence them at their surveyed boundaries, regardless of how long the existing fences have been there. The cops have ALWAYS found in my favor and let me continue (this has happened a few times). Just rip it all out and refence, how is she going to prove where the bushes were? Regarding 5:51 an architect in Brooklyn said "Water from one property is not allowed to run off onto another." I'm glad you are not my architect, I bet you advise everone who lives on a hill or slope (like Park Slope) to sue their neighbor at a higher elevation for runoff change your name to "An Idiot in Brooklyn"
Posted by: guest at April 2, 2008 9:13 PM
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