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The problem here is that the village has already issued a violation notice. Once they get involved it is difficult to get them to back down, in most cases. At best it will become and adverse possession case, but that would hold up any potential sale unless it were previously legally documented and you were now paying the taxes on the tiny piece of your neighbors land.
It happened to my old neighbor in TNH and he was an attorney. His, non attached garage had a fence behind it on "his property" - maybe 4 feet behind the garage. Turned out that his property line cut in starting a few feet into where the garage was. Turns out the neighbor did not know and had placed the fence on what appeared to be a straight line to the next property. My friends garage was the proper side set back but the fence was encroaching on his property. It held up the sale til the adverse possession could be worked out and plot redrawn.
My wife's aunts house had a 3 inch strip going back 30ft where part of the driveway was and some grass. Driveway was put in around 1940. the strip was on the neighbors property, both homes where sold 6-7x since driveway was built and it was never discovered. Fast forward to 2020, buyer of home survey shows her driveway is on there potential property. They go nuts, aunt says F no she gets a lawyer they say adverse possession. Months go by the buyers bails, the seller gets lucky cause the covid surge gets a new offer for 110k more. New buyer agrees land is her aunt's and they have legally agreement for liability etc. In the end the buyer being a fool probably cost them hundreds of thousands cause this was one the cheapest homes in a very expensive area. This strip was useless as it went further back there was trees and a fence on the sellers property that all would have to be moved to gain the 3 inches, it would of cost 10-12k to remove trees and move fence to gain 30 sq ft in the corner of property that would never be used.
I bought a house that the neighbors fence is 1 foot on my property, we both signed a letter acknowledging that the fence is 1 foot on my property, and fence is not property line, nor grandfathered in. they have trees and shrubs on their side, so fence can not move over, I just left it as is.
My wife's aunts house had a 3 inch strip going back 30ft where part of the driveway was and some grass. Driveway was put in around 1940. the strip was on the neighbors property, both homes where sold 6-7x since driveway was built and it was never discovered. Fast forward to 2020, buyer of home survey shows her driveway is on there potential property. They go nuts, aunt says F no she gets a lawyer they say adverse possession. Months go by the buyers bails, the seller gets lucky cause the covid surge gets a new offer for 110k more. New buyer agrees land is her aunt's and they have legally agreement for liability etc. In the end the buyer being a fool probably cost them hundreds of thousands cause this was one the cheapest homes in a very expensive area. This strip was useless as it went further back there was trees and a fence on the sellers property that all would have to be moved to gain the 3 inches, it would of cost 10-12k to remove trees and move fence to gain 30 sq ft in the corner of property that would never be used.
Exactly, you proved my point. If you get people that are willing to accept it as it is, and the title company and attorneys are not advising against it that is great but sometimes it end like your wife's aunt's first experience shows.
The problem is actually two fold. The first is he has a village violation notice to deal with due to no permit. Secondly, he will then be required to remove omit from properly that is not his to build on.
Regardless if this neighbor is ok with it or not, legally it will not fly. While not in the same state now, we have two neighbors who live next door to each other both have side load garages. The layout is the garage on the left house is on the right side of the house and the garage on the right side house is on the left. The two garages are in the middle. Both families agreed that instead if having individual driveways they agreed to have one continuous driveway between both houses to make it easier to get in an out of their individual ygarages . The house on the left uses the right side house driveway entrance to cross into his driveway on the left and the house on the right enters from the left side driveway to get into his garage. They had a legal document drawn up to specify the purpose of the piece of the driveway that would normally have been the area between both houses. It requires that upon sale the new owner must be offered the right to require both original owners to return that middle piece to grass and the sale requirements are such that the remaining owner and the new owner must amend the agreement. We doubt it will ever be returned because it mutually benefits both.
The point is to achieve this it required a legal document. In the case of the fence it might be cheaper to remove the fence after obtaining the proper permit than to go for adverse possession.
I’m in East Northport, NOT an incorporated village. When my new neighbors bought their house from our old neighbors, a survey showed that the existing fence between us was about a foot onto their property. We had to sign something acknowledging that; they didn’t care, as it seems yours don’t either.
Good luck, it seems you have good neighbors and may be able to smooth this over; I can’t address the village inspector though.
I know this post of mine gives no concrete answer, though it may ease your mind ever so slightly- these things happen all the time.
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