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Owner of non-residential property next dooor to our private…

Customer Question
Owner of non-residential property...

Owner of non-residential property next dooor to our private residence extended his driveway to know our property line side when it has always been on the other side of his property . Is this allowed without a permit and zoning studies ?

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

Chittenango, NY , Madison County , Town of Sullivan , we are out side of the Village so only Town of Sullivan laws would apply but I can not find any answers on line .

Lawyer's Assistant: Has any paperwork been filed?

Not that we are aware of .

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

This property when we bought used to have a lovely well kept farm house , the farm house burned to the ground and the owners sold the 5 car garage and entire lot that runs adjacent to our home/ property to this guy that has since placed a camping trailer up on the back porch concrete slab that was remaining and has 5 diff. types of cars trucks etc parked on the property and now this stone driveway extension right next to our property line when the driveway that`s always been there in front of big garage is on the opposite side of his lot . I`m worried that all this crapping up of the appearance next door is bringing down our property value and not sure if there`s anything I can do about it .

Submitted: 8 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
11/25/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 14,249
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 8 months ago
No , take what time you need . ~
Real Estate Lawyer: Legal Eagle, Lawyer replied 8 months ago

Great, thank you! Bear with me a moment while I review…

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Real Estate Lawyer: Legal Eagle, Lawyer replied 8 months ago

Okay, so if I understand your situation correctly, your neighbor has built something that is encroaching on your property, is that right?

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Customer reply replied 8 months ago
not sure if it`s considered a build , but he has extended the existing driveway across his property to the opposite side by our property and no can enter and exit on the side closest to our property which is a change as to how you enter into oncoming traffic .
Real Estate Lawyer: Legal Eagle, Lawyer replied 8 months ago

I see what you mean. So, I wouldn't be qualified to tell you specifically whether your county or city allows for this kind of building. It is probable that the rules for this are buried in your municipal code and it would probably take several hours for me to research and it would also probably require you and I to enter into a lawyer-client relationship which is beyond the scope of what the website offers. Nonetheless, I can still provide you with some general information.

It is possible that your town does not have any rules on this if you cannot find that, meaning that other common law principles regarding property will apply. If you had people that were crossing that person's property to get to yours, it is likely that you had an easement by necessity or an easement by prescription. An easement by necessity means that if there is only one reasonable way for people to access your property, then you have an easement that is necessary. A court may see it in your favor that the driveway needs to be re-routed. On the other hand, an easement by prescription means that if you were using his property to get back and forth to your property and you didn't have his permission to do so, and you did so for a certain number of years (10 years in NY state), then you have an easement by prescription so his blocking of your easement could be overturned by the court if you file a petition in your local county courthouse.

I know it's a lot to take in, so what other questions did you have for me?

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Customer reply replied 8 months ago
it has nothing to do with anything you`ve stated above , Is changing the approach ( how you enter and exist from the street ) allowed with out obtaining a permit ? Also this was a residence which burnt , now just a lot with a garage can this owner do anything he pleases there even if it looks like a junk yard that causes our property value to drop ? those are the ?s
Real Estate Lawyer: Legal Eagle, Lawyer replied 8 months ago

Let me check on a few things...

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Customer reply replied 8 months ago
o.k. ~
Real Estate Lawyer: Legal Eagle, Lawyer replied 8 months ago

Ok, after further review, I realized, unfortunately, that I won't be able to adequately or successfully answer your questions. The reason is because I don't have any photos of your area, I am unfamiliar with the rules regarding permits or authorizations in your county and in your township, plus, I'm unable to determine the extent of the harm that you're suffering. With that said, unfortunately, I'll need to opt out of this question and let another one of our awesome experts take over and see if they can answer this question to your satisfaction. Again, I am very sorry and I wish you luck.

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Customer reply replied 8 months ago
Will I still be charged ?
Customer reply replied 8 months ago
A weeks time has passed and no answer , just forget about it and do not charge my card .
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