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PrincessP
Big sister!!!!!!!!!!
Member since 12/05 17450 total posts
Name:
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property lines
Oky so I dont exactly get this but I want to help my mom out. My parents bought their home about 28 years ago. They fenced their yard and left a few inches of property on both sides open on purpose. Anyhow, eventually when the neighbors kids were all born, both sides asked my dad if they could connect with only a front part of their fence and the sides of my dads fence would cover their backyard. My dad said ok to keep a peaceful friendship. the neighbor on the left became a very nasty man fighting with all the neighbors. He now has a sprinkler system hooked on my parents lawn, she put rose bushes as a line like my parents property is now owned by them and they installed a pool 10 yrs ago. If my mom took down the fence the neighbor would be up sh#ts creek. Aside from that they built their own little rose bush area on my parents property. My father just passed away a few weeks ago and I dont want future problems for my mom. When the lawn man comes this man (who is 5'3) yells at this gigantic lawn guy. He makes as if this is his property. WHat exactly is the law and how would myself and siblings assist my mom without getting into a flaming argument.
Message edited 12/23/2005 11:54:32 AM.
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Posted 12/23/05 11:50 AM  |
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dpli
Daylight savings :)
Member since 5/05 13973 total posts
Name:
D
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Re: property lines
Go to the clerk's office of the Town or the Village where you live. You should be able to get a copy of the tax map, and usually in the file for your property, there is a copy of the survey that was done when the property was developed. This should show the exact location of the property lines for your plot.
Message edited 12/23/2005 12:10:40 PM.
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| Posted 12/23/05 12:10 PM |
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PrincessP
Big sister!!!!!!!!!!
Member since 12/05 17450 total posts
Name:
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Re: property lines
So I would have to make him get his fence and other BS off my mothers property or the town does? I really dont want to start problems for my mom as she and my sis live here. My bro and I live with our spouses.
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| Posted 12/23/05 12:15 PM |
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LSP2005
Bunny kisses are so cute!
Member since 5/05 19460 total posts
Name:
L
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Re: property lines
you would have to do it.
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| Posted 12/23/05 12:19 PM |
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LuckySV
LIF Adult
Member since 10/05 4675 total posts
Name:
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Re: property lines
We had a similar problem when we bought our house. The seller's neighbor was using part of their yard (but the seller's were fine with it). Well, we wanted all of our property. The seller's lawyer had to have them sign a contract that they wouldn't make any claim to the property and when we replace the fence we will be "taking back" what they currently use. You may have to contact a lawyer.
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| Posted 12/23/05 12:35 PM |
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dengal
Dad of Twins
Member since 5/05 1385 total posts
Name:
The 80's Man
Let's Go Mets!
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Re: property lines
Posted by dpli
Go to the clerk's office of the Town or the Village where you live. You should be able to get a copy of the tax map, and usually in the file for your property, there is a copy of the survey that was done when the property was developed. This should show the exact location of the property lines for your plot.
I agree with doing this - then you'll know what your mom's exact property line is. You then have two options:
1) Let it be and ignore the guy next door
2) Have him remove his stuff from your property and put a fence right on the property - in an inch or so of course.
Is this guy really that bad a of problem? I have a bad neighbor myself, so I have an idea of what you and your mom are going through.
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| Posted 12/24/05 8:00 AM |
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skew
LIF Adult
Member since 5/05 6794 total posts
Name:
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Re: property lines
i think that there is a law that states if a property line is crossed (fence, shrub, tree etc) and is left unclaimed for x amount of years, the property is then owned by that person.
not sure of the exact wording but call the town to clarify or ask the home board guru, DJPILL.
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| Posted 12/24/05 8:36 AM |
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DjPiLL
Member since 5/05 3664 total posts
Name:
Richard
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Re: property lines
Posted by skew
not sure of the exact wording but call the town to clarify or ask the home board guru, DJPILL.
This is a difficult situation and I am not sure what I would do here.
If it were me... I would first get the tax map (I believe you can get it online at mynassauproperty).
I would also call the town and ask them for advice. This is a tricky situation because you don't want to destroy whatever relationship is left with your neighbor.
But if he is on your property... you should have that corrected.
You might also want to ask an attorney about this (as a last resort).
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| Posted 12/24/05 12:28 PM |
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skew
LIF Adult
Member since 5/05 6794 total posts
Name:
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Re: property lines
Posted by DjPiLL
Posted by skew
not sure of the exact wording but call the town to clarify or ask the home board guru, DJPILL.
This is a difficult situation and I am not sure what I would do here.
If it were me... I would first get the tax map (I believe you can get it online at mynassauproperty).
I would also call the town and ask them for advice. This is a tricky situation because you don't want to destroy whatever relationship is left with your neighbor.
But if he is on your property... you should have that corrected.
You might also want to ask an attorney about this (as a last resort).
but isn't there a land "squatting" law? if nothing has been done to rectify the situation in x amount of years isn't it considered a forfeit of land regardless of who holds title?
i have DEFINITELY heard of this law but not sure if it applies in the state of ny.
Message edited 12/24/2005 1:11:39 PM.
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| Posted 12/24/05 1:09 PM |
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LuckySV
LIF Adult
Member since 10/05 4675 total posts
Name:
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Re: property lines
Posted by skew
Posted by DjPiLL
Posted by skew
not sure of the exact wording but call the town to clarify or ask the home board guru, DJPILL.
This is a difficult situation and I am not sure what I would do here.
If it were me... I would first get the tax map (I believe you can get it online at mynassauproperty).
I would also call the town and ask them for advice. This is a tricky situation because you don't want to destroy whatever relationship is left with your neighbor.
But if he is on your property... you should have that corrected.
You might also want to ask an attorney about this (as a last resort).
but isn't there a land "squatting" law. if nothing has been done to rectify the situation in x amount of years it is considered a forfeit of land regardless of who holds title? i have DEFINITELY heard of this law but not sure if it applies in the state of ny.
There is. That's why when we purchased our house the seller's atty had to have the neighbors sign that they wouldn't claim any right to the property. They had been using it for so many years.
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| Posted 12/24/05 1:12 PM |
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skew
LIF Adult
Member since 5/05 6794 total posts
Name:
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Re: property lines
Posted by npbride
Posted by skew
Posted by DjPiLL
Posted by skew
not sure of the exact wording but call the town to clarify or ask the home board guru, DJPILL.
This is a difficult situation and I am not sure what I would do here.
If it were me... I would first get the tax map (I believe you can get it online at mynassauproperty).
I would also call the town and ask them for advice. This is a tricky situation because you don't want to destroy whatever relationship is left with your neighbor.
But if he is on your property... you should have that corrected.
You might also want to ask an attorney about this (as a last resort).
but isn't there a land "squatting" law. if nothing has been done to rectify the situation in x amount of years it is considered a forfeit of land regardless of who holds title? i have DEFINITELY heard of this law but not sure if it applies in the state of ny.
There is. That's why when we purchased our house the seller's atty had to have the neighbors sign that they wouldn't claim any right to the property. They had been using it for so many years.
what if the neighbors refused to sign? would the land be legally theirs and a new title issued to reflect as such?
i would call the town and an attorney on monday.
Message edited 12/24/2005 1:21:55 PM.
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| Posted 12/24/05 1:18 PM |
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LuckySV
LIF Adult
Member since 10/05 4675 total posts
Name:
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Re: property lines
I'm not really sure what would have happened if they had refused to sign.
But, I agree with skew. Contact the town to find out exactly what the property lines are and then contact a lawyer, at least to find out what your rights are.
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| Posted 12/24/05 1:26 PM |
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LSP2005
Bunny kisses are so cute!
Member since 5/05 19460 total posts
Name:
L
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Re: property lines
You should contact an attorney before giving them ANYTHING to sign - espcially since they already have a hostile relationship with your family.
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| Posted 12/24/05 1:44 PM |
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dpli
Daylight savings :)
Member since 5/05 13973 total posts
Name:
D
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Re: property lines
Posted by DjPiLL
If it were me... I would first get the tax map (I believe you can get it online at mynassauproperty).
I would still recommend going to the town. I work with a lot of these maps and the digital ones are not always the most precise. If you want exact locations of propoerty lines, the tax map at the clerk's office is the most accurate.
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| Posted 12/24/05 6:25 PM |
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pharmcat2000
Mom of 2 + 1
Member since 10/05 7395 total posts
Name:
Catherine
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Re: property lines
Or if your Mom has her survey from when they bought the house, it should show exactly how many feet from the house the property line is. Then you can go out there with a tape measurer and check it. Then you will have an idea of what you're dealing with before you even start calling anybody.
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| Posted 12/25/05 6:23 AM |
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PrincessP
Big sister!!!!!!!!!!
Member since 12/05 17450 total posts
Name:
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Re: property lines
I had heard something like that about after x years property is owned by the other BUT let me ask u this...lets assume my mom goes to sell, then they rearrange the property estimates and makes theirs larger and my moms smaller? Boy, being nice costs alot.
I dont remember who asked but this neighbor sleeps in his car, his wife told the across the street grandmother (80) to go F off. He wont let the little kids around here make a u-turn on bikes on his driveway nor play near his home, street parties he does not participate, hes an overall mess and his family is so NOT scary that they use alot of "NO POWER" to threaten people. I love people who r weak that "think" they are tough. I think this family has deep issues.
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| Posted 12/25/05 9:34 AM |
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Shaps
LIF Zygote
Member since 5/05 48 total posts
Name:
Name
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Re: property lines
It is called ADVERSE POSSESSION, and there are many factors and a lot more details that would need to be discussed with an attorney in order to determine your rights.
The statutory period for adverse possession in New York (I'm assuming that's where you are?) is 10 years. There are several elements that must be satisfied in order to adversely possess property- if they are met your mother's neighbor could go to court and "quiet title"- which is basically getting the title to the land in question.
I'm not going to go into this at length b/c there is too much detail and your mother should contact an attorney who specializes in this. Basically, the possession must be continuous for 10 years, be open and notorious possession, be actual possession and hostile possession. These are all terms of art which can be explained to you by the attorney you contact, but know that "hostile" possession means that it is without permission. You said that your parents gave permission to use the land, but that is something that would have to be proved.
Unfortunately I do not practice real estate law, or else I would help you further.
Message edited 12/26/2005 9:24:17 AM.
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| Posted 12/26/05 9:23 AM |
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PrincessP
Big sister!!!!!!!!!!
Member since 12/05 17450 total posts
Name:
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Re: property lines
Thanks for the info!
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| Posted 12/26/05 9:53 AM |
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officiallyamrs
LIF Toddler
Member since 7/05 421 total posts
Name:
Melissa
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Re: property lines
if it has been ten years like that, the neighboor now owns it by adverse possesion
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| Posted 12/27/05 6:28 PM |
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iffer042373
5 weeks till I'm a big sister
Member since 5/05 2642 total posts
Name:
Jennifer
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Re: property lines
This h append to a friend of mine and they had a surveyor come out to show the neighbors and themselves where the property line was so the one neighbor had to remove his fence since it was overthe property line.
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| Posted 12/28/05 3:10 PM |
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