Legal Question in Real Estate Law in New York

property line

I recently sold my home after 7 years and bought the home next door. the person who bought my home never mentioned any issues with surveypre or at closing. he paid cash. he knocked down home and is re building. a new survey has shows his fence line going 11 inches past that fence and into the driveway of the new home i bought. I bought the home from a nice old lady who owned the home 65 years and the entire time the fence and the driveway were their and undisputed. I really never took notice of the property line. it has been the same over 50 years. anyway, i now have him demanding that i cut my driveway back the 11 inches so he can move his new fence. do i have any rights to say no. i really can't afford the space, its a small driveway. he asked if we could split the differnce, this also doesn't sit well with me. i just have 10 feet, it narrow. I spoke with old owner and she states the driveway has been maintained for over 50 years and the fence also as long. I am trying to avoid a battle that i am not sure i will win. do i have a leg to stand on


Asked on 8/26/06, 2:00 am

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: property line

You need to immediately consult with your Closing Attorney, your Title Company and Docs, with respect to your sale and purchase.

In addition, you might want to review public records re your neighbor's required filings or authorizations/ if any, to remove or construct fences or other structures on or around his property.

Good luck,

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Answered on 8/26/06, 3:41 pm


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