Legal Question in Criminal Law in New York

Privacy Fence

My husband and I had our land resurveyed 3 times and staked out so we could put up our fencwe. We live in the country up in the woods so the fence doesn't have any restriction as to kind etc. We finally had the fence put up after the third survey only to find out the neighbor claims we're tresspassing as he admitted to pulling the stakes all three times and relocating them. He said he is allowed to do what he wants as he is a city police. Not only did he remove stakes he took half of our original fence because he said he didn't like it. He put the fence under a tree we planted not knowing he knowingly changed the survey. Well since my husband had been overseas in the wars for four years the neighbor basically abused me as much as possible. The neighbors have an unruly brown lab that makes it impossible to sleep in our room because of the feces left every morning. Last August while my husband was gone the landscaper asked me to look over the yard. I notice some big prickly vines so I bend them down with the intention of removing them as they were on our property and we maintain our fence, painting, gardening etc. Our boy in blue and his friend decided i was tresspassing as i was standing on my land, as we intentionally left room.


Asked on 3/10/09, 5:21 am

1 Answer from Attorneys
NEAL SPECTOR, ESQ. NEAL S. SPECTOR, P.C.

Re: Privacy Fence

Call the police and ask to have him arrested for criminal trespass, vandalism, and criminal mischief for starters. File a claim against him. Even if true, it doesn't matter who he works for and if he is on the force they will not appreciate his unlawful behavior (assuming your facts are facts).

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Answered on 3/10/09, 3:32 pm


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