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Elainedawn, Home Buyer in Lindenhurst, NY

My neighbor is building a fence. How can I tell if he is going past the property line of my house?

Asked by Elainedawn, Lindenhurst, NY Sat Jul 21, 2012

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6
A survey will provide the answer...
1 vote Thank Flag Link Sat Jul 21, 2012
The quickest answer, is check your survey. If you can't find it, you can hire to have a new survey done. A fence over the property line, becomes an issue when you sell.
Rosanne (Lindenhurst)
1 vote Thank Flag Link Sat Jul 21, 2012
A survey would probably be your best bet.


Hope this answers your question.

De Vonte Williamson
Licensed Real Estate Salesperson
Coldwell Banker Residential
36 RT 25A
East Setauket, NY 11733
Direct:(631)638-6193
Mobile: (631)384-3695
Fax:(631)236-1478
0 votes Thank Flag Link Sun Jul 22, 2012
to reply to Karla, not all of Lindenhurst is a Village, so depends where in Lindenhurst Elaine lives, whether she needs to go to Village Hall, or Town of Babylon...
0 votes Thank Flag Link Sun Jul 22, 2012
Lindenhurst is an incorporated village, and a fence permit is almost certainly required there.

Contact village hall and ask if there is a fence permit for the address.

If a permit is required but a permit was not pulled, then your neighbor is in violation regardless of the property line issue, and officials can order all the work done so far removed just for that reason. The building department will take it from there if no permit exists.

If a permit was pulled, then a survey of the property being fenced is required (in every place I've ever heard of), and the building department will ensure that the fence is in compliance with the lot lines if you have any questions.

It's imperative that the fence not encroach on your property, or else you could lose your rights to that property over time.

Karla Harby
Licensed Real Estate Salesperson
Rutenberg Realty
New York, NY
212-688-1000x146
0 votes Thank Flag Link Sun Jul 22, 2012
This is one reason that every single home owner should have a survey of the property. Another good reason is it strengthens your Title Insurance Policy. At this point as the fence is going up, I would suggest approaching your neighbor and letting them know that you think they may be going over the property line and ask if they have a survey or can show you where the property line is. If they can and their within their boundary lines then tell them you appreciate them showing you and addressing your concern. If they don't have a survey and can't definitively show you the property lines, you might suggest that before they go to much further that they have the property line determined by a surveyor and perhaps even offer to split the cost with them. If they refuse or if you and your neighbors don't really get along, then perhaps you need to tell them that you're having a survey done and that you would hate to have to ask them to move their new fence if it were over the line and so perhaps they should stop construction until you have a survey done. My guess is you could make a call on Monday and have it done the same week.

Finally while not as accurate it's again typical that iron pins are driven into the ground to mark the corners of the property. If you have access to a metal detector it's very easy to locate these pins and they will give you and your neighbor a basic idea of where the actual boundary line between your properties is located.
0 votes Thank Flag Link Sat Jul 21, 2012
We do not have the pins you are describing here. There are significant differences in how these things are done in different states.
Flag Sun Jul 22, 2012
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