Neighbor's Fence on my property - New York

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Latest post 07-21-2009 10:08 AM by Ty H Olinghouse PLS. 8 replies.
  • 06-25-2009 10:58 AM

    • Geo1234
      Consumer
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    • Joined on 06-25-2009
    • NY
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    Neighbor's Fence on my property - New York

    This dispute has been going on for 2 years.  Neighbor claims I verbally gave him permission to build fence on my property and says they have witnesses saying that I said this which I have not.   I have asked over the 2 year period that they move the fence off of my property.

    Neighbor has taken me to small claims court, judge claims I have to file suit with the State Supreme Court. 

    I just find it crazy that I have to go through this to have something on my property removed.  There is no written contract stating I gave permission to the neighbor other than him saying I verbally gave him permission which I did not.

    Just wondering what my options are and rights..

    Thanks for any info!

     

     

     

  • 06-25-2009 11:24 AM In reply to

    • Geo1234
      Consumer
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    • Joined on 06-25-2009
    • NY
    • Posts 2

    Re: Neighbor's Fence on my property - New York

    They even sent a letter via their attorney claiming that I removed some stuff (which I didn’t) - so I put the letter on what they said was removed and photographed it altogether.

    No did not take the fence down.  I've asked them on a regular basis to take it down.  I counter-claimed the cost of removing the parts that  are on my property. I had an estimate done last year. 

    Nothing has happened yet..  Went to small claims yesterday judge said I had to file suit with Supreme Court..

  • 06-25-2009 11:42 AM In reply to

    • Kivi
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    • Joined on 01-01-2005
    • CA
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    Re: Neighbor's Fence on my property - New York

    Small claims tends to deal with "actual damages".  Most small claims court judges would not have the legal authority to order your neighbor to take a fence down.  All a small claims court judge can do is say that you neighbor owes you a certain amount of money for your costs to remove the illegal fence, if it is indeed illegally on your property and you had to pay someone to remove it.

    Sounds like you will have to sue your neighbor to get the fence taken down.  It would be up to a regular judge to decide if the fence is on your property and/or whether you did or did not give permission as alleged.  Presumably your neighbor would bring his alleged witnesses to court to testify and you would have the opportunity to impugn their credibility.  Or maybe the judge will say, since nothing is in writing, the testimony of the witnesses is irrelevent.  Hard to know what would happen from afar.   A regular judge could issue a court order to your neighbor to take down the fence.  If your neighbor refused to comply, you could bring him back to court for contempt.  With a court order, you also MIGHT have the option to take the fence down yourself, at your expense and then sue your neighbor to recover your costs.  It would depend upon the language of the order.

    Consult local counsel.

  • 06-25-2009 1:23 PM In reply to

    Re: Neighbor's Fence on my property - New York

    Fences don't appear out of nowhere. It often takes days to install. Where were you when it was being installed? Why didn't you put a stop to it on the spot? Or tear it down as soon as you saw it?

    If you knew it was being installed and didn't object that's like giving permission.

    Did you ever put your neighbor on written notice that he has to remove it by a certain deadline or you would have it removed and sue him for the cost?

    You can still do that, you know.

    But if you keep on doing what you are doing, it'll be meaningless and the fence will still be there long after you are gone.

    By the way, how far on to your property is it? One foot? Two feet? Is it a nice looking, well constructed fence that might actually be enhancing your property for which you get that advantage for free? You might think about that.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 06-25-2009 3:50 PM In reply to

    • Drew
      Consumer
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    • Joined on 03-30-2000
    • PA
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    Re: Neighbor's Fence on my property - New York

    I don't follow--if in fact your neighbor says you gave him permission to erect fence on your property and you both agree it is on your property  --then why not simply serve him notice that permission he claims you gave is now revoked to place the fence on your property as you both agree it now stands and he must remove fence in  7 days or you will cut it down and bill him for the labor involved ?

    Permission can be revoked. You need not agree you gave it but merely that he says you granted same.

     

    Ask your attorney what risks you have to merely revoke permission, if any, and just cut it down



  • 06-25-2009 4:28 PM In reply to

    Re: Neighbor's Fence on my property - New York

    Drew:
    why not simply serve him notice that permission he claims you gave is now revoked to place the fence on your property as you both agree it now stands and he must remove fence in 7 days or you will cut it down and bill him for the labor involved ? Permission can be revoked. You need not agree you gave it but merely that he says you granted same.

    Probably not a good idea.

    The risk is this:

    If the neighbor can show that you did give permission, either orally or constructively, and he relied on that permission (detrimental reliance) you could end up paying him for the cost of putting it up and the cost of taking it down.

    If you are denying that you gave permission and want to give him notice to remove, I suggest you leave out any mention of permission.

    Drew:
    Ask your attorney

    Excellent idea.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 07-21-2009 10:08 AM In reply to

    Re: Neighbor's Fence on my property - New York

    Hire a Land Surveyor to determine the property line and show the encroaching fence on the map.

    then tell your neighbor you will be removing his fence to install a new one in the correct place

    Ty. H. Olinghouse

    Oklahoma P.L.S.

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