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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?

AK lawyer · Jun 18, 2009, 12:47 PM

Originally Posted by Cunning is I

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?

From when the fence went up.

Cunning is I · Jun 18, 2009, 12:53 PM

OK now the fence has been "altered" sections have been removed and one 8 foot section is braced from MY SIDE with a Metal pipe sticking in the ground 5 feet back to the top of the 6 foot fence.

I could trip on this metal bar and do some serious damage to myself cause this is also where the "concrete cap" for the old septic is!

So if I remove that bar.. the fence falls down. Thus the fence need repairs and then can I move his fence?

AK lawyer · Jun 18, 2009, 02:43 PM

Ask an attorney in your alocation about suing him. That's the safest course of action.

Cunning is I · Jun 23, 2009, 05:14 AM

Well If I was to take legal action against my neighbor would it not be in my best interest to know for what would I sue him for? Encroachment? Trespassing - clearly there was a trespass cause this bar is on my side of the yard holding his fence up!!

I would fell much better just taking the fence down. I was thinking, call the police and then have them watch me take the fence down. Easy peasy no?

JudyKayTee · Jun 23, 2009, 09:25 AM

The Police will not get involved in this, particularly will not stand there and watch you take the fence down.

You need to take the facts and photos to an Attorney for a binding legal opinion. The Attorney will know what your grounds for a lawsuit are.

Is there any language in your Deed or in the title search concerning right of way, encroachment, anything like that?