Cunning is I
Jun 18, 2009, 11:32 AM
Well I am new to these chat boards so here goes,
I have just bought a piece of land at the tax auction for Chautauqua County. The land wend for 5 times more than it was worth. The person bidding against me came to me and said that they are going to continue to walk across my new land to get at their property behind my new land - its adjacent to my house so at any price it was the right price.
Now I am in conflict with my neighbor who has right of way to his property from the street behind- he is to lazy to walk down 4th street to 1st street and wants to just cut through 2nd street - MY PROPERTY.
He as a fence that he removed a section of at that back of this property so that he could walk through it since the owner had given up on the land i.e. the tax sale.
So now I have no trespassing signs up all over the place and I have called the police 3 times for trespassing.
Now to the point. In the back corner of the lot that I already owned since 2001 there is a section of his fence more than 3 feet on our side. I found this out on June 1st when I had to have the whole of the back of my land surveyed and definitively marked because the neighbor was moving sections of his fence onto my property.
The fence has been in place BEFORE my wife bought the land in 2001. The fence is clearly on our property as identified by the survey markers.
Can I remove this fence and put it back on his property? In NY State the law says 10 years. Is that 10 Years from when the fence went up? Is that 10 years from when we bought the property? If he has moved some of his fence does the time start over? Our land behind the fence is NOT cared for and is overgrown for their cats to pay in.
So I am going to a meeting on the 24th to ask for a variance to put an 8 foot fence right on the property line. At that time I am going to remove all his fencing is that legal?
I have just bought a piece of land at the tax auction for Chautauqua County. The land wend for 5 times more than it was worth. The person bidding against me came to me and said that they are going to continue to walk across my new land to get at their property behind my new land - its adjacent to my house so at any price it was the right price.
Now I am in conflict with my neighbor who has right of way to his property from the street behind- he is to lazy to walk down 4th street to 1st street and wants to just cut through 2nd street - MY PROPERTY.
He as a fence that he removed a section of at that back of this property so that he could walk through it since the owner had given up on the land i.e. the tax sale.
So now I have no trespassing signs up all over the place and I have called the police 3 times for trespassing.
Now to the point. In the back corner of the lot that I already owned since 2001 there is a section of his fence more than 3 feet on our side. I found this out on June 1st when I had to have the whole of the back of my land surveyed and definitively marked because the neighbor was moving sections of his fence onto my property.
The fence has been in place BEFORE my wife bought the land in 2001. The fence is clearly on our property as identified by the survey markers.
Can I remove this fence and put it back on his property? In NY State the law says 10 years. Is that 10 Years from when the fence went up? Is that 10 years from when we bought the property? If he has moved some of his fence does the time start over? Our land behind the fence is NOT cared for and is overgrown for their cats to pay in.
So I am going to a meeting on the 24th to ask for a variance to put an 8 foot fence right on the property line. At that time I am going to remove all his fencing is that legal?