Easement Violation Question

try not to get emotional since this is an everyday occurrence whereby people live with the land and feel it is theirs, and humans generally are innate encroachers. The rules are clear, the solution is simple and longstanding – just be grateful we live in a country that protects property rights (for the most part anyway). This is an easy case for a real estate lawyer, simple and straightforward. The documents and law will guide you and what rights you had (or think yo have). I wouldn’t even try the touchy feely (read: afraid of conflict) approach since your neighbor has already broached the subject of court. Just think of this as simple business (the business of land and humans) that has gone on since the beginning of time. You can still be perfectly friendly with your neighbor, after all they probably did it out of total ignorance since they likely did not wish to spend money just to tear it out. They probably did not pay attention to their attorney (i.e. “mumbo jumbo”) and thought it was okay because their real estate salesperson said it was OK (or some ignorant thinking like that).

dorkofwindsor

in Driveways, Patios, Sidewalks and Steps 10 years and 10 months ago

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boogaloo03 | 10 years and 10 months ago

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Good afternoon all, Firstly, I would like to say that I I appreciate the advice of the forum members on this site. I have been lurking here for many years and learned so much from all of you. I hope someone can point me in the right direction where I can get this situation rectified. I own a detached house in Staten Island. Before I bought the home, the lot was 60 feet wide and 100 feet deep. The house had a 12 foot wide driveway. The previous owner split the property in (almost half), resulting in one 31 foot wide empty lot, and one 29 foot wide lot with the house. I bought the lot with the house. The empty lot was sold to a builder who built a new house on it. The original driveway is now gone. My deed states that there is an 2 foot easement allowing me to build an 8 foot wide driveway between the two houses. The new homeowner built a fence over that easement and now I only have a 6 foot space between the neighbor’s fence and my house. The owner had the fence built when I was in the hospital and unable to see what was going on. When I came home from the hospital I spoke to her about it, she feigned ignorance, then apologized and then she said she will not remove the fence unless she was ordered to do so by the court. What do I need to do to get the process started? Do I need a lawyer to do this? I really need my 8 foot driveway – there is no way for me to access my backyard due to the grade that was destroyed by the fence and construction of the new house. I am afraid of what would happen if there was a fire and the firemen could not access the back of the house. Thank you in advance for your time an advice.

resident2 | 10 years and 10 months ago

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First get in touch with the attorney that represented you on the purchase and the separation of the lots as well as the title company that you have your title insurance with to make sure that the correct separations and easements were filed and recorded properly when you purchased the property, they will then probably refer you to another attorney if you need to fight. Look for the copy of the survey in your title policy. As it was part of a separation you should have a copy of it. Make a copy and send it to your neighbor with a letter explaining that you would rather handle this in a neighborly way. If that does not work in a reasonable time, then let your pit bulls go for it. Also call 311 and file a complaint of illegal construction on your property. Have your survey available when the inspector comes from the City.

thetinkerswagon | 10 years and 10 months ago

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do not delay on this as the clock may be ticking. I will say though, there is an easement running through my father’s land in suffolk county for a road that does not yet exist and since it is deeded, the holder of the deed to the property behind his can come in at any time and remove plantings, a garden fence, and other obstructions that my father has left in the way without seeking any permission. I would consult an attorney though to be sure you will not lose your rights. I do know in cases of easement by prescription (that is a non deeded easement arising out of need over time) if you do not use it, you will lose it. that may not be the case here. this person should not be allowed to get away with this. we all buy property with known encumbrances on them and it is up to us to live with them.

daveinbedstuy | 10 years and 10 months ago

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I have two properties with easements and everything the two previous posters said is correct.

slopefarm | 10 years and 10 months ago

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I agree with everything sa above. I would add that you should work at every step to keep this from getting personal and escalating emotionally. Whatever happens, you still have gto live next door to each other. Let the documents and records do the speaking for you. Make sure you understand how firm or inform the legal grounds are for your position, and don’t overstate it.. Wheels of justice turn slowly, so let go of expectations for quick resolution, and play this through methodically and with precision.