Backyard Fence Move
I recently noticed that my backyard fence is 6inches off of my property line based on the survey which I had done when I purchased the house 2 years ago. The house behind me has two garages and there is a 6inch gap between the wall of the garage and my fence – which causes…
I recently noticed that my backyard fence is 6inches off of my property line based on the survey which I had done when I purchased the house 2 years ago. The house behind me has two garages and there is a 6inch gap between the wall of the garage and my fence – which causes huge mosquito problems during the summer as my neighbor does not clean that 6inch area and I can’t get to it either. I decided to be neighborly and give them the heads up that I would be removing the fence and would put up a new one on the property line. My neighbor did not take this lightly and said that he would sue me if I did this as that is his property, and that he went through this before with the past owners which is why the fence is where it is.
Can someone please let me know if my survey which is 2years old is valid proof of my property line and that I can still put up my fence or am I missing something? I checked my title report again, and there are no easements based on it located on my property?
Would my neighbor have a valid claim? Or is he just blowing hot air?
Any insight would be appreciated.
Thanks.
Tear the garage down, then see what the neighbor says.
If you can’t build a fence on the property line, can you build a garage on the line?
You need to make the calculation of whether six inches is worth a feud with you next door neighbor. Also, you cannot build a fence right on the property line, It has to be entirely on your side thereby diminishing your expansion to maybe three inches.
I paid $550 3 years ago for a stakeout of one property line that was next door to a new development, so I’d say that sounds about right.
Thanks for everyones comments – can anyone comment on how much a marking of the property lines typically costs in brooklyn for a 30×100 lot? I just called the survey company which I had used for the original survey and they told me it would be an additional $500? Is this reasonable? Gosh – the agita that unreasonable neighbors cause is ridiculous.
I would write a formal letter to the neighbor enclosing the survey and reminding him of your claim to the property. You may not want to go to the expense of moving a fence 6 inches now, but this establishes your right and intention to do so at some point when you want to change your fence. The fence company will not put the fence on the line either, but leave a little leeway (not 6 inches). My question would be the legality of his garage being built right on the property line… I suspect that’s what he’s nervous about. Also, how does he expect to maintain his garage if he can’t access it? Who could squeeze into 6 inches with a paintbrush? Perhaps the best solution is no fence there at all — you might offer to maintain that side for him. (In the house I grew up in, my father made this offer to a neighbor who leapt at the chance to paint the side of our garage to match his blue house.) Or remove the fence and plant shrubbery, which will quickly fill in that 6 inches..
Get the survey company to stak out the property lines and install the fence. Keep the foundation of the fence fully on your side. Let me point out that I am not a lawyer. If you want, call Allyn Crawford. (718) 273-9414. I would let him sue you.
I live in a similar property (with the two garages behind my wall. A neighbor on our street said that there used to be a few inches between his property and the garages until he moved his fence back to the garages. He said that everyone on the block followed and moved their fences back as well/.
Do the rest of the properties on your side stretch to the garages? Show the neighbor behind you the survey so that he knows that is your property. See what he says. If he is making the claim of adverse possession, then you know he may fight you in court…..but most likely he is blowing smoke.
As always you should check with a real estate attorney who keeps abreast of current law but …in general there is the law of adverse possession which holds that anyone who “open and notoriously, continuously and exclusively” uses real property without objection from the rightful owner for a period of years (usually 10-20) can claim title to that property. In 2008, the NY legislature changed the statute to require that the adverse possessor (your neighbor) must have a good faith basis to believe that the land is actually his (or hers.
In your case, it seems that the neighbor does not have a good faith basis for believing that the property is his given that the survey clearly indicates that it is your property and, significantly, “he went through this before with past owners.” (Presumably, the prior owners did not want to deal with the hassle and expense of a court case over the matter. Neither did your neighbor, who could have had the title adjusted to show the property lines which he claims.) Indeed, even under the old rules (where possession was the primary requirement), it is unclear that your neighbor could have obtained title since he did nothing to keep it clean (and thus demonstrate ownership) and the garage wall abutted the area in question.
I hope this helps.
Keep.