Age old Fence Issue - Can I remove neighbors fence if I get a Survey?

[LordX]

What is the name of your state (only U.S. law)? New York (Onondaga County)

Hey all - I have a neighbor that has been a real pain recently about a driveway extension that I had done.

So I am getting that part of the property staked through the original survey company that has done all the surveys all the way back to 1985 when the property was made.

I have a sneaking suspicion that part of his fence is over the line (I did some measurements based on the original survey from when I bought the house in 2007).

So the question is: If I find out through the survey company that his fence is on my side - what are my options?

 

[Just Blue]

please [pst this question on your other thread. Thanks.

 

[latigo]

Sorry Blue!

So because of my neighbors foul mood about my driveway extension - I am getting that part of the property staked through the original survey company that has done all the surveys all the way back to 1985 when the property was made. (?)

I have a sneaking suspicion that part of his fence is over the line (I did some measurements based on the original survey from when I bought the house in 2007).

So the question is: If I find out through the survey company that his fence is on my side - what are my options?

Just how old is this "age old fence"? More than ten years old?

If so, and "over the line" or not you have but one option, which is to leave it undisturbed as you can neither legally remove it without the adjoining neighbor's consent nor reclaim possession of any of your deeded land over which it may encroach. (NY Civil Practice Laws and Rules Section 212(a)

You might also wish to become acquainted with the topic "boundary line established by acquiescence".

Which will tell you that when neighboring landowners have treated a particular boundary line as the dividing line between their properties for the statutory period (NY 10 years) even though it differs from the boundary line defined by their deeds, that is what it is.

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Incidentally, "the property was made" long before l985! Which has been popularly accepted since the year 1650 ad when Ireland's Archbishop James Ussher declared the Earth to have been "made" on Oct. 22, 4004 bc. (And this in spite of the misguided beliefs of a few atheistic geophysicists.)