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Old 09-13-2020, 04:59 AM
 
Location: Seacoast NH
1,752 posts, read 889,800 times
Reputation: 1885

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And one more thing to think about: Let's assume it's winter and someone slips and falls on that driveway and gets a serious injury. You are the one they will sue because, technically, the driveway is on your property. Either sell it to him via an easement, tell him to move it to his property, or deal with the possible consequences later on.
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Old 09-13-2020, 06:56 AM
 
Location: under the beautiful Carolina blue
22,719 posts, read 36,923,474 times
Reputation: 19984
Yup. This will be a mess if not dealt with. Maybe next week maybe next year maybe 20’years. But it needs to be resolved.
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Old 09-13-2020, 07:01 AM
 
Location: under the beautiful Carolina blue
22,719 posts, read 36,923,474 times
Reputation: 19984
Quote:
Originally Posted by VA Yankee View Post
Where I live after 5 or 10 years that encroachment becomes permanent and the land belongs to the violator, we see it more where a fence is placed a few inches over the line and becomes permanent. I have a driveway that the previous owner widened a few inches onto the neighbors after 25+ years it isn't going to be moved...
Last I heard money was going to change hands to make it all ok. This is in an older area of town where the homes had gravel driveways. When she went away the neighbor paved his. He also planted landscaping on her property. She was a widow and he obviously laid in wait for the opportunity. In true southern fashion she “didn’t want to cause problems” but the problem had already been caused.

Our neighbors want to build a fence and prior owner built ours well within our property line. That’s causing them problems as to where to put theirs as there will be a gap between fences. Know what? Not my problem and I’m not gonna make it my problem. I didn’t build my fence. And I didn’t tell them to build one (which frankly they don’t need but that’s another story).
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Old 09-13-2020, 12:12 PM
 
Location: East Northport
3,351 posts, read 9,777,627 times
Reputation: 1337
Put up a fence along your property line.
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Old 09-13-2020, 12:32 PM
 
677 posts, read 1,158,934 times
Reputation: 305
Quote:
Originally Posted by VA Yankee View Post
He has taken an illegal easement, you should obtain legal counsel. He either pays for that easement (if you have no issue with him keeping the property or)you take possession back. Do not allow him to keep it if the town approved it then it will reflect in his homes survey and on the tax records which I'm sure it doesn't.

Sorry this may get ugly, did he pave it? He may be libel to return the property back to original condition. Didn't this come up before the house was closed on?
I did speak to my lawyer, Lawyer assumed that I have two driveway. He never raised any questions. One from the back entrance and one from the front. The driveway in the back, I can't use it, my neighbor uses it to go his home. he also put a big fence to block me.

it's my fault, I should have said something but I never did.
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Old 09-13-2020, 03:14 PM
 
Location: under the beautiful Carolina blue
22,719 posts, read 36,923,474 times
Reputation: 19984
Quote:
Originally Posted by samnyc View Post
I did speak to my lawyer, Lawyer assumed that I have two driveway. He never raised any questions. One from the back entrance and one from the front. The driveway in the back, I can't use it, my neighbor uses it to go his home. he also put a big fence to block me.

it's my fault, I should have said something but I never did.
If your lawyer told you it's your fault, he's wrong. I get the impression that English is not your first language, so that may be hindering you from speaking up about this in the way that you are entitled to. First thing I would do is have the neighbor's fence removed. Second thing is tell the attorney that handled your closing that you want to pursue this and if he won't you'll get someone who will. And please get your lawyer stating "I thought you have two driveways" in writing.
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Old 09-13-2020, 08:16 PM
 
29 posts, read 24,390 times
Reputation: 48
Park your car in the driveway, problem solved
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Old 09-15-2020, 10:03 PM
 
677 posts, read 1,158,934 times
Reputation: 305
I spoke to the lawyer and i spoke Town of Smithtown. I wrote a nice letter and I gave to my neighbor told him I will be closing the driveway this weekend.

Did you know by having second driveway, I was paying more in tax. Also fence which is over six feet which is against Town of Smithtown rule is installed so more tax was add on to my property.

I am so stupid not asking all this question when I bought the house last year. Now I am paying for all my mistakes.

If something goes wrong with my neighbor, I will call the cops. Keep my video camera ready if things go south.
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Old 09-16-2020, 06:30 AM
 
Location: Former LI'er Now Rehoboth Beach, DE
13,068 posts, read 18,209,673 times
Reputation: 14035
Quote:
Originally Posted by samnyc View Post
I spoke to the lawyer and i spoke Town of Smithtown. I wrote a nice letter and I gave to my neighbor told him I will be closing the driveway this weekend.

Did you know by having second driveway, I was paying more in tax. Also fence which is over six feet which is against Town of Smithtown rule is installed so more tax was add on to my property.

I am so stupid not asking all this question when I bought the house last year. Now I am paying for all my mistakes.

If something goes wrong with my neighbor, I will call the cops. Keep my video camera ready if things go south.
Something is not adding up here. The town would not add taxes for a fence over the normal height, rather they would hit you with a violation of town code since the fence exceeds the height. I hope the nice letter you wrote came for the attorney and not you. I advise you to find a new lawyer too.
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Old 09-16-2020, 10:45 AM
 
Location: under the beautiful Carolina blue
22,719 posts, read 36,923,474 times
Reputation: 19984
Quote:
Originally Posted by nuts2uiam View Post
Something is not adding up here. The town would not add taxes for a fence over the normal height, rather they would hit you with a violation of town code since the fence exceeds the height. I hope the nice letter you wrote came for the attorney and not you. I advise you to find a new lawyer too.
Yeah you're not getting taxed on a fence. Also if the town is taxing you on the driveway, that would mean they permitted it, and that likely didn't happen.

You do need a new attorney.
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