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”
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?
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.
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.
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.
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.
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”
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?
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.
yeah, I called that up at 11:08 yesterday…some poeple just want to complain.
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.
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.
All this hoopla and you’re not going to do anything!
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.
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.