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Here is the full story, my home was in foreclose few years ago and it was abandoned home some time. I only bought this home last year from another owner who stayed here but he didn’t take any action regarding anything.
My neighbor he created his driveway from my backyard to his home. He made everything so nice that no one will notice. When I did the survey, it clearly shows it’s my properties. I did show all that to him. Now he is saying he got approval from the county for this driveway.
I also spoke to Town of Smithtown and they are saying nothing like that on the record.
I don’t want to flight and create a big mess.
You can either live with it as it is or fight it. Depending upon how long it has been this way they may call it adverse possession and then it is a legal matter.
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 have the same question. Did you use a real estate attorney ? Contact them and ask them.
FWIW, we used one and it was kicked back to the title search who kicked it back to the attorney. We got no where and that aside once the house is closed on, you own it and with no money in escrow you will be hard pressed to get anything without legal proceedings that will most probably cost you more than the permits.
FWIW, we used one and it was kicked back to the title search who kicked it back to the attorney. We got no where and that aside once the house is closed on, you own it and with no money in escrow you will be hard pressed to get anything without legal proceedings that will most probably cost you more than the permits.
I completely agree with you. I wasn’t clear I was trying to say contact the lawyer and see what he recommends and how to proceed forward. I would like to think they can guide him on what the Next step is he should take to clear this up.
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?
You either make a big deal about this now or you will deal with problems down the road. There is a similar situation here in my town with a woman whose neighbor built a driveway encroaching on her property while she was away. That was 20 years ago and she "didn't want to make a stink" and now she can't sell the house till it's rectified.
Remember - you didn't cause this problem. He did. Don't make HIS problem YOUR problem.
You either make a big deal about this now or you will deal with problems down the road. There is a similar situation here in my town with a woman whose neighbor built a driveway encroaching on her property while she was away. That was 20 years ago and she "didn't want to make a stink" and now she can't sell the house till it's rectified.
Remember - you didn't cause this problem. He did. Don't make HIS problem YOUR problem.
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...
You either make a big deal about this now or you will deal with problems down the road. There is a similar situation here in my town with a woman whose neighbor built a driveway encroaching on her property while she was away. That was 20 years ago and she "didn't want to make a stink" and now she can't sell the house till it's rectified.
Remember - you didn't cause this problem. He did. Don't make HIS problem YOUR problem.
I understand not wanting to make a big deal about it, but just another thought you might consider. How much space are we talking about as you are being taxed on this?
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