Neighbor Driveway Dispute

[vibher]

My question involves real estate located in the State of: New York, Schenectady County, City of Schenectady. Me ex wife who is deceased bought a house in Schenectady about 25 years ago. When she purchased it she was told by the owner that 2 few inches of the building next door was on her property. The driveway touches the building. Both her and my daughter maintained the driveway and property. About 5 years ago a new owner bought it. They were friends but after awhile he wanted the relationship to go further and she said no. Than all hell broke loose. Enter the neighbor from hell. She would find nails, broken glass, etc. in the driveway. He got married and the wife joins in on the harassment, etc. Yesterday they had it surveyed. Come to find out in the front of the driveway they own 4' of it. It narrows to about 1.5 foot in the backyard. Now they want to put a fence up the middle of her driveway. Doing this she will not be able to get to her garage as there is is no other way to get there. Can they do this being that my daughter and ex maintained everything for 25 years? The 4 feet is useless to them. They are just doing it out of hatred. Any help would be appreciated. Thank You.

[LandSurveyor]

You have several options. One would be to hire a surveyor of your own. Might not affect the situation, but it could be the lowest cost (not low cost however) first step.

The age of the driveway would be another issue, which you could take up with a local attorney. The attorney could also advise you how to deal with illegal obstructions placed in the drive. With the fence issue looming, you will need an attorney anyway to file for a restraining order halting the fence building until the matter can be legally sorted out.

The fact that the neighbor "owns" four feet at the front is not conclusive because it is not a matter of fee ownership but a matter of easement of some sort. Not stating an opinion of course, but suggesting the questions.