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Can you put up a fence in your driveway if someone back door

Customer Question
open in that driveway...
can you put up a fence in your driveway if someone back door open in that driveway
Submitted: 2 years ago.Category: Real Estate Law
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Answered in 1 minute by:
10/24/2015
Real Estate Lawyer: Loren, Lawyer replied 2 years ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 35,018
Experience: 30 years of real estate practice experience.
Verified

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

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Real Estate Lawyer: Loren, Lawyer replied 2 years ago

Are you saying that the neighbor encroaches on your property?

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Real Estate Lawyer: Loren, Lawyer replied 2 years ago

Are you there?

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Customer reply replied 2 years ago
i am still waiting for an answer
Real Estate Lawyer: Loren, Lawyer replied 2 years ago

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

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Customer reply replied 2 years ago
no ; the 6ft fence is 10inc between my door making it hard to go into my back door.
Real Estate Lawyer: Loren, Lawyer replied 2 years ago

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

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Customer reply replied 2 years ago
no. it is 10inc from my property
Real Estate Lawyer: Loren, Lawyer replied 2 years 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.

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Real Estate Lawyer: Loren, Lawyer replied 2 years 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.

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Real Estate Lawyer: Loren, Lawyer replied 2 years ago

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

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Real Estate Lawyer: Loren, Lawyer replied 2 years ago

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

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Real Estate Lawyer: Loren, Lawyer replied 2 years ago

Are you still online with me?

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Customer reply replied 2 years 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
Real Estate Lawyer: Loren, Lawyer replied 2 years 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.

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Customer reply replied 2 years ago
l live hollis queens zip code 11423 l think you would be able to know the answer
Real Estate Lawyer: Loren, Lawyer replied 2 years 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

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Real Estate Lawyer: Loren, Lawyer replied 2 years ago

But you still need to contact the building inspector.

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Real Estate Lawyer: Loren, Lawyer replied 2 years ago

Did you have further questions?

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Loren
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 35,018
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Experience: 30 years of real estate practice experience.

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