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Flagbridge-ADR, Arbitrator/Mediator
Category: Legal
Satisfied Customers: 4618
Experience:  Law Degree, New York Bar Exam, Arbitrator/Mediator, Just Answer LEGAL Mentor.
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I would like to thank you for your help in this matter with ...

Customer Question

I would like to thank you for your help in this matter with my neighbor. He paved his front yard to park his two big cars on his premises. But while he is doing it, in dispite my rejection he took 13 inches from my front yard, addedd to his and paved. From the back yard he also took 8 inches and paved. My recent land surveyor report in Ja.2008. show these facts. Once I read a regulation in internet of Dept. of Building related with fenses and borders. It says" If the changes involded with constaction, you have to get a written permisson from your neighbor". He never did, he did not even listen. I am 71 years old woman whose the owner own the next building. I am alone. I like to put a nice white fense around the house and plant some flowers and bushes, but I can''t. Where can I find that regulation that I mentioned about gettina a written consent from the neighnor when the constraction involved.
Submitted: 8 years ago.
Category: Legal
Expert:  Ellen replied 8 years ago.
Thank you for selecting me to assist you. I shall get back to you with an answer before the end of the day.
Customer: replied 8 years ago.
Reply to FLandNYLawyer's Post: Hello,
You asked me to reply, but I did not understand your question. Would you please tell me what is the question that you asked ? Thank you.
Expert:  Ellen replied 8 years ago.
No question. I will answer your question by the end of the day.
Customer: replied 8 years ago.
Hello, I keep getting messages from you about asking me to reply. Again, Please ask me what you need me to reply. Thanks. Customer
Customer: replied 8 years ago.
Hello, Would you please tell me, when you will answer my question? Thank you.
Expert:  Ellen replied 8 years ago.
Your neighbor is encroaching on your property with his pavement. This is a different situation than obtaining permission a neighbor's permission for fences and borders. The Building Department Code does not appear relevant here.

You have described an encroachment issue. There is something in the law called "adverse possession'. What adverse possession means is that if someone openly and notoriously uses or encroaches on your property over a continuous and uninterrupted period of time, he can gain title to it.

I am sorry to have to give you the bad news but unless your neighbor is willing to remove the pavement based upon the survey, you must either fie suit against him for encroaching on your property or have him sign a lease for the use of the property .

If I can be of any further assistance please click "ACCEPT" and then submit another question directly to me. Otherwise simply click the "ACCEPT" button so that I can get credit for my work.

Best wishes for a successful outcome.

Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created. You should always consult with a lawyer in your state
Customer: replied 8 years ago.
I sent a written question about my property in NYC. You classified (I quess)
under the name of " I would like to thank you for your help in this matter
with ..." I received your answer 9 hours , informing me that " adverse
possession" applies to my problem. It is not related with my case at all. Mr Li ,
the neighbor, could not park his two SUV cars in his driveway , he wanted the
widen the area , where the green grass should be, then, he went over the
borderline between our houses on the front yard where is the continuation of the
fence . He passed the borderline , got in to my land poured cement 8.00 a.m in
the morning on a saturday in last october.2007. I tried to stop those
oriental workers. But I couldn't.
Then I called for the Land Surveyer. He finally did on Jan 11.2008. Then I
realized , he also took away from back fence 8 inches in my land, 13 inches
from the front yard. I gave him the copy of Survey, tried to talk to. Nothing
worked. I found a lawyer. He send a letter. Still did not accept what he did.
Now, you " adverse possession " work, if you wait at least 10 years or
more without doing anything about it. There is a law or regulation of NYC about
fences and borderlines. If one wants to do something interfering those, when
the constraction involve, he has to get a written permission from the other
party in order to avoid any confliction in the future.
That was the law or regulation that I was looking for in writing. I did find
lt in internet last year. But I can't find it now.
I explained everything in detail. I am sure you will help me since you know
this is a very fresh conflict. Your "adverse possession " can't be applied.
Please answer me ASAP. Thank you for your trying to help.
Meryem 2008
e-mail: (edited for privacy)
P.S- Please send your answer to my e mail. After I get your answer, I will
click accept button the way you want me. Thanks again
Customer: replied 8 years ago.
I sent my question on May.12.2008 at 12:25 p.m
I received your letter same night. But your answer for my question was not the correct one.
I explained the problem again. Your answer was
" adverse possession" law applicable to my situation. That is true if the encroachment issue lasts more than 10 years without any reaction by me.But it is not the case.It happened only in October.2007.
All I asked from you : I read a regulation or law last year. " If someone wants to do anything with the borderline, if constraction involves, he has to take written permission from the neighbor in order to avoid any confliction in the future." But unfortunately, I couldn't find the same page. Since you are a lawyer (that what you say) you should know this fact. And I requested to sent me this information .
I am still waiting an answer to my question. Please be kind enough to do so. Thank you again in advance for your help.
Meryem 2008
Expert:  Flagbridge-ADR replied 8 years ago.

You are correct that adverse possession does not apply in this circumstance.

Can you confirm with me the following facts,

In October 2007 your neighbor decided outside of your protest to extend their driveway 13 inches into your front yard, and 8 inches into your back yard.

You now are unable to put up the fence you want to.

Also can you confirm, did you protest this in writing to the neighbor?
Customer: replied 8 years ago.
Thank you for your answer, yes in dispite of all my rejections, he extended 8inches in the back ,13 inches in the front yard. I can't build a nice low white fence with red roses( it was my dream). beside his invention, He put a hold on my life.
As I said before, I warned him, served him the land surveyor. But I did not protest his action in writing. Instead, I hired a lawyer.He served him a legal letter.Still does not agree.
I am asking ONE MORE TIME> If you can find in your law books related with fences, the regulation that I asked in every mail that I sent you. You can read want I requested from you in previous mails. Thank you again.
Expert:  Flagbridge-ADR replied 8 years ago.

The issue has nothing to do with fences. The issue here is that the neighbor is trespassing on your property through the paving.

You have a legal right to force the neighbor to remove this obstruction AND sue for damages as a result.

You then have the room to put up your fence.

I suggest you talk to the lawyer who drew up the letter and ask to file an injunction forcing him to get off your property, return it to normal, and then follow up with a law suit for damages.
Flagbridge-ADR, Arbitrator/Mediator
Category: Legal
Satisfied Customers: 4618
Experience: Law Degree, New York Bar Exam, Arbitrator/Mediator, Just Answer LEGAL Mentor.
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