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???
Ah, thank goodness for those techie husbands, lol
I was able to post the photo, thanks to the help of my husband. It’s up on another post.
So now you can all see it.
I think you are getting slightly caught up on the whole “possession” thing. It sounds like nobody is actually using the land at this time. Nevertheless, if this land was deeded to you, it is yours. She may try to claim that her property goes to the fence line closest to your house which would take a 1’7″ strip from your land. Obviously you don’t want her to do this. It sounds like you are not losing any friends anyway so you should put a fence as close as you can to the actual property line and leave it at that. If you put a fence on some other arbitraty line you are asking for trouble in the future.
From your statement “in front of the row of bushes is a chain link fence then a wood fence” I take it to mean that the fences are on your property. Your surveyor should mark the property line. When the surveyor officially marks the property line he/she is guaranteeing the line. Any items on your side of the line may be removed by you. If she sues you for tresspass and makes an adverse possession claim, your title company should defend you. It is worth the comparatively small initial attorney’s fee to do this correctly. This woman sounds like a crankpot and you want to make sure you are within your legal rights before you start removing bushes and fences. Once you are sure and the line is where you think it is, you carefully remove everything on your side of the line and build the biggest fence allowed to keep that crazy on her side.
I get the whole possession issue and I know I am a broken record but I can not load the photo so you all can see what it looks like.
But is it her possession if no one can actually use that 1’7″ because of the bushes and the 2 fences.
I could remove the wood fence and gain 7″ and leave the chain link fence which is 1′ from the property line.
If you ignore this she will have an adverse possession claim. Don’t ignore this. You don’t have to necessarily remove her from the parcel, but if you give her a license to utilize the property you will extinguish an AP claim. Speak with an attorney immediately. If this grows into litigation, your title insurance company will foot the bill. You got title insurance when you purchased the house, right? This is exactly why you buy title insurance.
Glad that DIBS got around to recommending talking with an attorney, cause I totally disagree with his first post. …and do it before you contact sonny-the-real-estate-attorney. I agree with johnife, ‘stoner and 2:57. I read recently about a property owner that planted a garden on MTA land and the courts awarded him the property win the authority tried to take re-possession.
How much this 1′ 7″ worth to you? Would you be saving yourself some hassle if you just let the fence and bushes stand where they are? Would your life be so much better with that extra 19 inches?
Whoa, memories of first year Property are a-swirling. I have a faint memory that adverse possession in New York is diffuclt to prove. Basically, the only way a non-owner can prove AP is if she’s been in possession “under color of law.” Drat, I can’t even remember the definition of UCOL. Van Veulkenberg v. ? Sorry, it’s been years. That’s not entirely helpful, I know, but as an attorney (who admittedly doesn’t practice real estate, but is a litigator) I’d recommend that you heed your attorney’s advice and not decimate the bushes. Do you really want to enter into litigation with a completely unreasonable person whose son is a real estate attorney? If he’s as difficult as she is, he probably has loads of time to burn, and will gladly litigate this to the ends of the earth. And unlike your neighbor, you’ll be paying attorneys fees. Do you have the time and the funds to finance this?