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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 54015
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I currently have a fence installed on my property which

Customer Question

I currently have a fence installed on my property which leaves about 1 ft of my property on my neighbors side. He decided he was going to plant alborvitis right up against the fence. I know in New York State there is no aggressive possession. What can I do legally to stop or reverse this situation?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.

Good morning. My name is ***** ***** I look forward to helping you.

This is, as you say, your fence. So too is the 1 foot on the other side of the fence. Send him written notice....by certified mail or by messenger service so you have proof of delivery....giving the neighbor a short specified period of time to remove the alborvitis from your property to inside his property line. Let the neighbor know if not removed within the time specified, you will have it moved at the neighbor's cost and if the neighbor does not immediately reimburse you, you will have no choice but to file a claim not only for the actual damages, but punitive damages as well for the neighbors bad faith. Then, if the neighbor doesn't move the alborvitis to his own property, have it moved and file your suit if not reimbursed. Just because your fence is inside your property line, doesn't give your neighbor any rights to the use of any of your property on the other side of the fence.

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