[George Wyman]

Thank You Dave- Historically, I did this work on this land over 16 years ago. I rebuilt the foundation with huge boulders on the foundation of the brook, followed by paving the driveway to the curb cut. Nobody contended against my activity. Afterward, my neighbor built a spite shed declaring the line of his property possession. I have used this driveway for 15 years. Thanks Dave I appreciate your input on this extremely difficult matter. Thank you GW

[david-livingstone]

I’m not trying to beat you up over this, but did you have it surveyed when you bought it?  The deed says 4 feet from your house.  What made you think you owned further over?  Its not a spite shed if he owns the ground.  I’m just trying to point out the other side of the situation from his point of view.  Its a tough situation.  I usually have someone come in my office once a year with something similar.  I would just do what you can to avoid the bad feelings between neighbors.  Not just because it makes you a good or bad person but because as you are finding out, its expensive.

[George Wyman]

Thank You Dave – I am grateful. George

[duane-frymire]

Well, finding and deciphering things is what people pay me for.  Looks like you’re in NY, and I’m licensed in NY.  So if you want a real investigation and analysis you could retain my services.  But you’re looking at probably 5-10k for my services and another 10k for attorneys if you want to fight it (and that’s assuming there’s no appeals from the trial court decision).  I’m happy to do it and could give you my contact info, but as I mentioned, you might want to just take the offer and settle it that way if possible.

[George Wyman]

Thank You Norman

[George Wyman]

George Wyman Boundary line dispute 18 mountain ave

George Wyman
Attachments
4:14 PM (1 hour ago)
to jmyrow

Hello Jay. Hope all is well with you.As per our consultation@ 1/24 or 1/25/19 we arrived at cloudy remedy regarding details & outcomes of a boundary line dispute. I have made several boundary line offers from $2500- $6000 at this point. We shook hands @ $6000. Now he is trying to Extort $10,000. I refused.
At this point, Matt Kelleher has threatened to put up a Privacy Fence. Primarily, a Privacy Fence would obscure or eliminate the visual ability to recognize traffic coming up Mountain Avenue. Furthermore, Matt Kelleher’s survey indicates a Prescriptive Easement for MY DRIVEWAY which I am entitled to park in.
Most Importantly, Respecting his survey, regarding my Prescriptive Easement, “BY LAW” is he entitled to put up a fence on his boundary line or the Prescriptive Easement? Obstructing the view of traffic & causing accidents coming up Mountain Avenue? Survey in Red indicates the square footage in question. Of course, I’ll pay you for a precise legal determination.

2 Attachments

[George Wyman]

Is this LEGAL

[Norman_Oklahoma]

Naturally, any landowner can put up a fence on his boundary. If he puts up a fence on the “prescriptive easement boundary” he is more or less acquiescing to the existence of said easement. So you ought to hope that he does.

There are going to be rules about obstructing sight distance at a road access point. But if the fence is low enough to be seen over from a drivers seat, is capable of being seen through (ie- chain link), or stops short of the road early enough to allow you to see traffic when pulling out – it can be OK. But these are engineering matters, not boundary law.