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On Staten Island, can neighbor construct 6 foot chain link…

Customer Question
On Staten Island, can...

On Staten Island, can neighbor construct 6 foot chain link fence directly on property line? possibly encroaching onto my property?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Staten Island, New York

Lawyer's Assistant: Has any paperwork been filed?

No just day laborers constructing the fence

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The fence is also obstructing my view of the ocean.

Submitted: 11 months ago.Category: Real Estate Law
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Answered in 11 minutes by:
9/1/2017
Real Estate Lawyer: Loren, Lawyer replied 11 months ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,241
Experience: 30 years of real estate practice experience.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.
I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.
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Real Estate Lawyer: Loren, Lawyer replied 11 months ago
I am sorry to hear of the problem, but I think I have information you may find useful.
So, your neighbor can install a fence on or up to the property line. Anything over the line, and on your property, is an encroachment and you have the legsl right to demand they remove the encroaching fence portion from your property. If they refuse then you can remove it and send them your bill from the contractor. If they refuse to pay, you can sue them in small claims court. Small claims court is designed to be a "user friendly", simplified process, so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.
I would suggest, before you start removing their fence, you do have a survey done by a licensed surveyor to confirm the encroachment because you will be liable for the damages if you are mistaken.
You can also contact the local building dept to send an inspector and confirm the fence complies with local code. If it is in violation they will order its removal or remediation and cite the owner.Please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.
There is no additional charge to you for rating me favorably.
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Real Estate Lawyer: Loren, Lawyer replied 11 months ago

You are very welcome. If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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