Unused Easement Space
There is a 4′ wide pc of land between my property and the neighbors. Many years ago there used to be an easement between our blocks, but it was closed off and one of the residents on the neighboring block bought most of the parcel as an odd lot. She doesn’t own the 4′ space…
There is a 4′ wide pc of land between my property and the neighbors. Many years ago there used to be an easement between our blocks, but it was closed off and one of the residents on the neighboring block bought most of the parcel as an odd lot. She doesn’t own the 4′ space behind me however.
It’s filled with old wood and butts up against the retaining wall of the neighboring property- which is just an empty lot save an abandoned structure that ends at the retaining wall.
Okay- all that said, do you think if I casually (so as not to be conspicuous, of course!) opened up my fence and cleared out some of the wood and planted that anyone would object? I know the 4′ was probably at one time a right of way for utilities, but no one has access, so really what’s the use in growing more weeds there?
I was thinking of just putting up a stretch of bamboo fence (totally temporary and removable) and then planting some roses or shrubs. Just something to get rid of all the weeds and ferral cat poo. Ya think I should go for it, or be worried about the DOB or my neighbors?
The DoB won’t have anything to do with this is you’re not building something. The planting sounds like a great idea!
it will be up to the party who owns it to say no and if they don’t, they don’t. I recently watched someone I know in a nearby county go through this with a neighbor and all my friend (the owner) wanted was a letter from the encroaching neighbor acknowledging the encroachment. when they refused to provide a letter my friend gave them notice to remove their plantings and they put a fence up.
who actually owns the 4′ space? maybe you do and the easement is across your land? In that case, I would plant on it and wait for the holder of the right-of-way to object, in which case, I suspect, they would have to clear the plantings or fence you build at their expense.
We see more of these things outside the city where there are easements accross others land and it is really up to the person who has the right-of-way to enforce it on the person who actually owns the property. I also suspect the DOB would see this as a civil matter and remain out of it –
Over time, I suspect it would be hard for them to fight your use of it, unless of course they had a real need to cross the land.
Steve
Go for it. Be blatant. Then claim it for your own after the statutory time.
Seriously, what is the worst that can happen?