Property Line What to do??
When we bought the house last summer we got the survey that showed our property line which is the row of bushes. Now in front of the row of bushes is a chain link fence then a wood fence. I guess none of the other previous owners could have been bothered with removing the old…
When we bought the house last summer we got the survey that showed our property line which is the row of bushes. Now in front of the row of bushes is a chain link fence then a wood fence. I guess none of the other previous owners could have been bothered with removing the old fences.
Our neighbor, who is old, is NOT SO nice. That description is being generous. She has threatened to sue more than a few of people on the block. She has even called the Buildings Department on her other neighbor. Also called them on the previous owner per the public record. Now many of these complaints were from when she was a bit younger. She is making our life very difficult.
So my questions is how do I go about getting the fence pushed back to the property line. I am told that since the bushes are the line I do need her permission which was made very clear by her screaming and yelling at me and threating to sue me that I can not take them down.
What can I do? The owner has made it very clear that she is not giving us an inch and even feels that our fences infringe on her property line and our survey is “fake”.
From the bushes to the wood fence is 1’7″ basically that is wasted space that no one is using because of the bushes and fence. Also the owner’s yard is a complete disaster. Filled with leaves and debris. She does not use the area and has not had that yard cleaned in who knows how long. All her landscaping or lack of it is all overgrown and out of control.
What can we do???
yes, walester, but you missed the point – the OP doesn’t want to take down the fences, but just wants to complain.
Been there, done that. Such memories…
Moved into our home in 1982, with the twin sister of your neighbor living next to me. We were renovating and every excuse she could come up with to sabotage our work was tried, including bringing in her son “the lawyer” (who it turned out later was a law clerk).
We tried to remove the fence (built by the previous owner of my home) and she claimed it was her fence and on her property, although it was clearly on our property.
Here’s how it finally got resolved:
We had a very active block association, and I went to them to describe my problems with upgrading my property and removing my fence. They were well aware of my neighbor’s history of false claims and histrionics. The president of the association (a long time and respected resident who actually was a retired judge) offered to arbitrate the dispute. He came to the site, examined it and heard both sides of the story. He looked at all the documents including the survey and our architect’s plans for improving the back yard.
His “verdict”: not only were we completely in the right about removing the fence, but he argued that the work we were doing would significantly increase the value of our neighbors unkempt property. When she heard that, her tune changed. I also think that hearing this from one of the long time residents and not the newcomers had some impact – she was clearly hoping to save face with them.
Our relationship improved significantly after that. A few more incidents, of course, but quickly resolved. She actually approached us about the name of our architect, so that she could renovate her house (a duplicate of ours) because “ours was so nice”. She passed away about five years later, but whenever I look out over my fence into her yard (where her son the law clerk now lives) I think of her.
Good luck, Absolute Beginner. We also had issues with a neighbor (noise) and had to consult an attorney and hire a noise expert. It was only because we had such awesome neighbors in other nearby houses we became friends with, that we came out of it all feeling good about our house and our neighborhood. So my advice is to make the effort to know your other neighbors you may have more in common with, to balance out the bad neighbor experiences.
Absolute Beginner –
I am gearing up for a battle of my own with a neighbor over driveway easement rights. Can you please post the names of the lawyers whom you consulted?
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.
Just curious, where do you go to get a property line survey? We never did it when we bought our brownstone but we have been talking about doing it now.
Get a survey and a stakeout then just call the cops when she gives you shit.
1’7″ is a significant width of land on a boundary. It’s worth fighting over.
She’s always been paying property taxes for her property as it’s recorded with the city and confirmed by the survey you had done. She knows that, right? Why are people dumb?
Yes, you can remove the fence on your property. A fence being on your property doesn’t entitle her to take title to your land by adverse possession. However if she put up a fences and openly used your land for 10 years (which is not happening because this is unused space between fences and bushes) she could theoretically attempt adverse possession. You should take control of your property, and (armed with your survey) do what you want. Ignore Ife and Brownstoner and people telling you to live in fear of the old hag and a claim on your land. Speak to your own RE attorney if you’re worried.