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fence is 9 inches over property line

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jmli2973
LIF Zygote

Member since 8/10

12 total posts

Name:

fence is 9 inches over property line

i live in Town of Oyster Bay i live on a corner property and had put a fence without a permit. applied for the permit and had to file for variance since corner property and 6ft fence.Pleaded my case to the board and was approved!!! then i get a phone call from the inspector who issues the permit to ask me if i realized my fence on the street stide was 9 incehes over the property line. he asked if the boeard of appeals had questioned it i etold him no. he said they must of missed it so now what he said he would check with his supervisor but most likely i wold have to move back the fence. does anyone know if there is a way around this without having to move the fence?
i am not financially stable to have that done any advice would be appreciated! has anyone come accross this situation before??

Posted 8/26/10 2:47 AM
 
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jmli2973
LIF Zygote

Member since 8/10

12 total posts

Name:

Re: fence is 9 inches over property line

ANYONE????

Posted 8/26/10 2:55 AM
 

GoldenRod
10 years on LIF!

Member since 11/06

26792 total posts

Name:
Shawn

Re: fence is 9 inches over property line

I'm not surprised that there were no responses between 2:47am and 2:55am.... Chat Icon

Welcome to the site, though! Chat Icon

Once everyone wakes up, I'm sure you'll get several responses. There were several threads about fences being over the property line. I think they had to get affidavits from the neighbor or something, just stating that they knew it was on their property, and they were OK with it.

I would just say, "It's not my fence, it's theirs, and it's on their property.... I don't know what you're talking about.... I just put up a matching fence on the other 3 sides to coordinate with theirs...." Chat Icon Chat Icon

Posted 8/26/10 7:58 AM
 

ThePinkGoose
In Your Hands

Member since 8/08

4706 total posts

Name:
Nunya

Re: fence is 9 inches over property line

Posted by GoldenRod

I'm not surprised that there were no responses between 2:47am and 2:55am.... Chat Icon

Welcome to the site, though! Chat Icon




Chat Icon

Posted 8/26/10 8:16 AM
 

imyself

Member since 10/06

2938 total posts

Name:
me

Re: fence is 9 inches over property line

If it's a wood fence they may let you leave it and just move it next time you replace the fence. If it is a PVC fence they will make you move it now. I'm in Islip and we have a wood fence in the rear of our yard that backs up to town land. Our fence is off the property line. They told us since it's wood we can just move it next time.

Posted 8/26/10 8:21 AM
 

jmli2973
LIF Zygote

Member since 8/10

12 total posts

Name:

Re: fence is 9 inches over property line

the property line is the town im on a crner lot can you believe it 9 inches!!

Posted 8/26/10 12:16 PM
 

jmli2973
LIF Zygote

Member since 8/10

12 total posts

Name:

Re: fence is 9 inches over property line

what is the reason that wood would be ok and pvc they would make you move it ? any reason behind that??

Posted 8/26/10 12:17 PM
 

GoldenRod
10 years on LIF!

Member since 11/06

26792 total posts

Name:
Shawn

Re: fence is 9 inches over property line

Posted by jmli2973

what is the reason that wood would be ok and pvc they would make you move it ? any reason behind that??



I'm guessing it's because wood rots, but PVC will technically last forever, and never need to be replaced.

Posted 8/26/10 12:43 PM
 

mrsBLT
missing my baby

Member since 1/10

1359 total posts

Name:
Brittany

Re: fence is 9 inches over property line

you put up a fence without a permit so you're going to have to move it if they tell you to. i'm sorry but it's your own fault for not checking into your property lines before putting it up

Posted 8/26/10 12:47 PM
 

ave1024
I Took The Wrong Road

Member since 12/07

6153 total posts

Name:
That Led To The Wrong Tendencies

Re: fence is 9 inches over property line

Posted by GoldenRod

I'm not surprised that there were no responses between 2:47am and 2:55am.... Chat Icon





I want to apologize to everyone. That was supposed to be my shift and I fell asleep. Chat Icon

Posted 8/26/10 1:17 PM
 

jmli2973
LIF Zygote

Member since 8/10

12 total posts

Name:

Re: fence is 9 inches over property line

what exactly is yur advice?

Posted 8/26/10 5:28 PM
 

jmli2973
LIF Zygote

Member since 8/10

12 total posts

Name:

Re: fence is 9 inches over property line

yeah i guess the wood thing makes sense . well im stil waiting to hear from them hopefully there is some way around it thanks

Posted 8/26/10 5:29 PM
 

jmli2973
LIF Zygote

Member since 8/10

12 total posts

Name:

Re: fence is 9 inches over property line

i wish my fence was on my neighbors property unfortunately its on the street side and it belongs to the town. can the town sell those 9 inches to me??

Posted 8/26/10 5:33 PM
 

eddiesmommy
best buds!

Member since 5/09

11524 total posts

Name:
Melissa

Re: fence is 9 inches over property line

Posted by GoldenRod

I'm not surprised that there were no responses between 2:47am and 2:55am.... Chat Icon




damn it....LIF for the millionth time.....can I please get a spit my drink on my monitor emoticon.

As for the fence, there really isnt much you can do if you are not on your property and they tell you that you need to move it, especially if you are on the TOWNS property.

Posted 8/26/10 6:09 PM
 

CathyB

Member since 5/05

19403 total posts

Name:

Re: fence is 9 inches over property line

Posted by jmli2973

i wish my fence was on my neighbors property unfortunately its on the street side and it belongs to the town. can the town sell those 9 inches to me??



You'd have to ask the town, but I'd imagine that what they'd charge you for the land would be much more than the cost of moving that portion of the fence.

Posted 8/26/10 7:48 PM
 

jmli2973
LIF Zygote

Member since 8/10

12 total posts

Name:

Re: fence is 9 inches over property line

how expensive could 9 inches be ?? i would even consider buying it rather than moving the fence that has a 400 gallon pond in the corner but thanks for the help was hoping some one had the same experience ill keep you all posted thanks again

Posted 8/26/10 10:14 PM
 

GoldenRod
10 years on LIF!

Member since 11/06

26792 total posts

Name:
Shawn

Re: fence is 9 inches over property line

Being on town property gives you less options, unfortunately...

How recent is your property survey? Since the fence is new, and someone commented on the property line, I'm guessing it's very new. Have you seen the survey? It's also possible that the inspector *thinks* it's over the line, and there's a chance the survey doesn't show that...

Posted 8/27/10 7:51 AM
 

CathyB

Member since 5/05

19403 total posts

Name:

Re: fence is 9 inches over property line

Posted by jmli2973

how expensive could 9 inches be ?? i would even consider buying it rather than moving the fence that has a 400 gallon pond in the corner but thanks for the help was hoping some one had the same experience ill keep you all posted thanks again



It's not just 9 inches, it's 9 inches by however many feet long your fence runs. And they can make it as expensive as they want, it's their property.

To be honest, I can't see them selling you the land. They aren't going to want to start setting that precedent. You are lucky they didn't rip the fence down already, that happened to one of my neighbors whose fence wasn't to code.

I'm on a corner in the Town of Hempstead and they were very particular about what we could and couldn't do, and definitely came by to check it was to code. It's been a few years since we had the fence put in and recently I saw one of the code enforcement cars parked outside and they were measuring the distance from our fence to the sidewalk again.

Posted 8/27/10 8:40 AM
 

Goobster
:)

Member since 5/07

27557 total posts

Name:
:)

Re: fence is 9 inches over property line

Posted by ave1024

Posted by GoldenRod

I'm not surprised that there were no responses between 2:47am and 2:55am.... Chat Icon





I want to apologize to everyone. That was supposed to be my shift and I fell asleep. Chat Icon



That was actually my shift and I was on but I didn't have the answer.Chat Icon

Posted 8/27/10 9:15 AM
 

ave1024
I Took The Wrong Road

Member since 12/07

6153 total posts

Name:
That Led To The Wrong Tendencies

Re: fence is 9 inches over property line

Posted by jmli2973

i live in Town of Oyster Bay i live on a corner property and had put a fence without a permit. applied for the permit and had to file for variance since corner property and 6ft fence.Pleaded my case to the board and was approved!!! then i get a phone call from the inspector who issues the permit to ask me if i realized my fence on the street stide was 9 incehes over the property line. he asked if the boeard of appeals had questioned it i etold him no. he said they must of missed it so now what he said he would check with his supervisor but most likely i wold have to move back the fence. does anyone know if there is a way around this without having to move the fence?
i am not financially stable to have that done any advice would be appreciated! has anyone come accross this situation before??




You should have gotten the permit BEFORE installing the fence. You installed the fence on city property. What makes you think they are going to sell you back the land. They aren't.

This is no different than installing a fence 9 feet onto your neighbor's property. Do you think they are going to do the same and sell you the property? No.

Your fence installer should have paid more attention to your survey. You are going to have to move that fence yourself or get fined.

Posted 8/27/10 12:17 PM
 
 

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