Neighbor put up outdoor Cameras to film me - filming my children!

[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?

Excuse me, but sorry for what?

Because some officious individual took it upon themselves to rule that once having started a thread concerning a neighbor's spy camera you can't begin a separate thread concerning other entirely dissimilar legal issues because they involve the same neighbor? - the same property? - the fence would show up on the neighbor's video?

Anyway, repeating my response to your initial question on the subject of the "age old fence":

If the "old fence" has been in place for ten years or more, then you cannot legally remove or relocate it without the adjoining property owner's consent. Nor can you reclaim possession of any of your deeded land over which it may prove to encroach. (NY Civil Practice Laws and Rules Section 212(a)

Also, there is an area of real property law on the subject of a division boundary line having been created by acquiescence . The pith of it being that when neighboring landowners have treated a particular boundary line (fence or whatever) 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. Survey or no survey it becomes the border where each property terminates.

 

[quincy]

Excuse me, but sorry for what?

Because some officious individual took it upon themselves to rule that once having started a thread concerning a neighbor's spy camera you can't begin a separate thread concerning other entirely dissimilar legal issues because they involve the same neighbor? - the same property? - the fence would show up on the neighbor's video?

Anyway, repeating my response to your initial question on the subject of the "age old fence":

If the "old fence" has been in place for ten years or more, then you cannot legally remove or relocate it without the adjoining property owner's consent. Nor can you reclaim possession of any of your deeded land over which it may prove to encroach. (NY Civil Practice Laws and Rules Section 212(a)

Also, there is an area of real property law on the subject of a division boundary line having been created by acquiescence . The pith of it being that when neighboring landowners have treated a particular boundary line (fence or whatever) 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. Survey or no survey it becomes the border where each property terminates.

I see you felt the need to reply to both threads, latigo. How nice. But think of the time you could have saved if you had read Blue Meanie's message in the other thread, understood it, and then looked to this thread to post only once your words of wisdom.

There is good reason why posters are asked to keep all of their questions to one thread. Even though the questions asked might be different, they often relate in a meaningful way to the questions and legal concerns already addressed. I agree there is no need for a poster to apologize for starting two threads, but it was really nice for LordX to do so.