Legal Question in Real Estate Law in New York

Easment

I own a home and i wanted to put up a fence in my backyard. My survey that i received when i bought the house says that the property is 20 x 100. The problem is that my neighbor states that i can't bring my fence to the back of my house because he needs acces to the backyard. The problem there if that thers only approximately a 6' driveway and neither of use actually have a garage ora small car that can fit. Therfore i want to just fence in my whole property can i ? As long as it doesn't leak on to his property.


Asked on 9/25/04, 8:03 am

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Easment

You cannot block his right of access unless he legally abandoned the easement.

Read more
Answered on 9/25/04, 8:30 am
Walter LeVine Walter D. LeVine, Esq.

Re: Easment

You do not say if there are any Deed restrictions, easements of record or other recorded or agreed upon documents (between you and your neighbor) that restrict you from doing this. If nothing prohibits you from erecting a fence, you should be able to do so, as long as you stay within your property boundry lines. You also do not say how long you owned the property. Is it possible that your neighbor has created a condition of adverse possession, by open and notorious use for access? Is the driveway shared between you? Will the effect of the fence prohibit him from access to his land, or use of a common driveway? Why does he need access to your yard? Is he permitted by something that allows him this access? There is more information needed to give you a better answer.

Read more
Answered on 9/27/04, 4:08 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in New York