My neighbor plans to put in a circular driveway and says that his surveyor came and checked the property lines. He told me that he owns three feet of my front yard, going all the way back to my back yard fence. I measured my side yard from a recent addition we put in and it is exactly where it was staked out by my surveyor and contractor. I was very careful because my neighbor tried to have my zoning request denied, when we went for the permit. What if he goes ahead with the marks he made on the curb and puts his driveway on my property? What should I do?
A.
Which one of you is Hatfield, and which one is McCoy? This, of course, refers to the two families in the Appalachians that have been feuding for generations. Ask to see your neighbor's survey, or get a copy of it from your building department if your neighbor is uncooperative. If you compare your survey with his, you can check the length of the common side-yard lot line, the compass heading listed along that common line, and the distance from a street corner. Also, check to see that someone else has not drawn on the survey. A survey is a legal document that cannot be altered, so check to see if there are any "sketch" lines drawn on it. Your neighbor could have altered their survey. Often people will draw, use correction fluid, or make personal notes on a survey. Even though you would expect building departments to refuse altered surveys, they rarely do, so look at their copy closely, also. If you suspect foul play or a discrepancy, ask your surveyor, for a fee, to check and stake your line.You could wait until your neighbor has put in the driveway, then have a surveyor jam a steel stake right through the pavement, sticking up about 8 inches to a foot high. Then, demand the driveway be removed or you will sue for damages. Then, wait about three to five years for our justice system to render a decision, purchase a fence, go through several bouts of name-calling and garbage can tipping, buy a mean dog, have the police visit you or your neighbor a few times a week, park a car in front of the driveway, develop an eye twitch, take up kung-fu...Or just stake your property now and put in a low fence, less than 4 feet tall, along your property line. Remember what poet Robert Frost once said, "good fences make good neighbors." Good luck, neighbor!Readers are encouraged to send questions to: HERALD Homes, 379 Central Avenue, Lawrence, N.Y. 11559Attn: Monte Leeper, Architect.
