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Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 29116
Experience:  30 years of real estate practice experience.
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Can you put up a fence in your driveway if someone back door

Customer Question

can you put up a fence in your driveway if someone back door open in that driveway
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Loren replied 1 year ago.

Good morning. I Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 1 year ago.

Are you saying that the neighbor encroaches on your property?

Expert:  Loren replied 1 year ago.

Are you there?

Customer: replied 1 year ago.
i am still waiting for an answer
Expert:  Loren replied 1 year ago.

I asked you for additional information. Are you saying that the neighbor encroaches on your property?

Customer: replied 1 year ago.
no ; the 6ft fence is 10inc between my door making it hard to go into my back door.
Expert:  Loren replied 1 year ago.

Thank you for the additional information. Did your door encroach on the neighbor when it was opened?

Customer: replied 1 year ago.
no. it is 10inc from my property
Expert:  Loren replied 1 year ago.

You can contact the municipal building department to determine if the proper permits and code compliance are being met. However, it is unlikely that they have violated any code if the fence is entirely on their property.

Expert:  Loren replied 1 year ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not necessarily a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Expert:  Loren replied 1 year ago.

When you call the building department ask that they send out an inspector.

Expert:  Loren replied 1 year ago.

Did you have further questions? Have I answered your question?

Expert:  Loren replied 1 year ago.

Are you still online with me?

Customer: replied 1 year ago.
l would'nt penalize you for the answer ,but l dont think it is legal base on the height and no veiw from my door is liking down along narrow hallway the length of property
Expert:  Loren replied 1 year ago.

Yes, I understand. Your remedy if the fence is in violation of height or code restrictions is to contct the building department to send out an inspector and cite the owner to bring the fence into compliance or take it down.

Customer: replied 1 year ago.
l live hollis queens zip code 11423 l think you would be able to know the answer
Expert:  Loren replied 1 year ago.

This ordinance may be applicable since your access has been compromised:

http://www.nyc.gov/html/dob/apps/pdf_viewer/viewer.html?file=2014CC_BC_Chapter_11_Accessibility.pdf&section=conscode_2014

Expert:  Loren replied 1 year ago.

But you still need to contact the building inspector.

Expert:  Loren replied 1 year ago.

Did you have further questions?

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