Legal Question in Real Estate Law in New York

I have a long shared driveway with my neighbor 50/50 split down the middle that leads to my backyard and to their backyard. My backyard is completely open no fence but there's is fenced and their fence is past the split line so it's on our property. And since they do not allow us to park in the driveway it is extremely hard to get the car into the backyard because the turn is tight. I did not want to take legal action but how can I get them to move there fence without it getting costly on my side for legal action.


Asked on 12/21/14, 9:04 am

1 Answer from Attorneys
kevin connolly Kevin J. Connolly

You ask nicely. If they refuse then ask the building department if the fence is legal. Most fences require a permit. If the fence is on your property you will need a survey made within the past 50 years to prove where the boundary is and the dob may cite your neighbor to remove the encroachnent. Failing tgat you will need to sue.

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Answered on 12/21/14, 9:56 am


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