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  1. #1
    Join Date
    Mar 2014
    Posts
    2

    Default Neighbor Removed Survey Stakes and is Trespassing

    My question involves real estate located in the State of: New York.

    My neighbor removed the survey stakes between our properties, effectively giving him an additional approximately 3 feet. He never had a survey done. He, his wife, and 16 year old are living in a maybe 15 foot camper on their property. They have the front end of the camper up against the tree line separating our properties, however, my property extends about 3 feet past the tree line. They also have port a potties for septic, no running water, heat with kerosene. There are piles of "stuff" piled up underneath tarps around the camper as well as a shed, and a portable car port looking structure made of metal poles with a tarp covering it, a junk car, and trash all over in the tree line. Nothing is a permanent structure.

    The town has "evicted" them twice from living there, stating things about needing running water, septic, etc. However, they are now unwilling to evict them again, stating the port a potties are regularly pumped so it's ok and then dropped the matter and are seemingly unwilling to help and or point me in the correct direction to get questions answered. The town board, is "controlled" by one man in particular and he seems to decide what gets addressed and what doesn't, etc. This has been told to me and others in the town by former board members. They (the town board) have also said this is ok as the people are only living there "temporarily", yet spend 85% of their time there and have their mail delivered there too.

    Questions are: 1. can I put a stake back up where it used to be, indicating that he has encroached onto my property?
    2. How far off of the property line does one have to be before putting up their camper, shed, and stuff, etc.
    3. What or how do you legally define "temporarily" living somewhere that you spend 85% of your time at?

    Other concerns are the safety of living in this camper with no electricity and no heat other than kerosene heaters. I see this as a major fire risk, but it seems CPS (who was called by another neighbor) and the town are not concerned with this and do not see it as a safety hazard nor do they feel it is inadequate shelter for a minor and adults. Should a fire start, I fear the trees will burn up in a very short time, with the fire continuing to move down the tree line, coming close to my home which I recently had sided, new doors and windows put in, and start my house on fire or burn up a good chunk of my property. Who would be responsible for this? I have no Faith that the town fire department will react in time, and the neighbor has no insurance of any kind over there on anything. He paid cash for the property and likes to be "off the grid".

    Thank you for your help.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Survey Stakes Removed, Neighbor Claiming My Property and Encroaching

    If by survey stakes you mean the wooden marking stakes a surveyor put in, removing them doesn't "give" him anything. If we're talking about the iron pins set in the ground, you should report this because that is almost certainly illegal.

    You can certainly replace stakes on your property or the boundary.

    You're going to probably have to employ a lawyer to fight the land use issues.

    You can continue to be a nudge and report it to the fire inspector and the building department.

  3. #3
    Join Date
    Mar 2014
    Posts
    2

    Default Re: Survey Stakes Removed, Neighbor Claiming My Property and Encroaching

    Yes, I mean the iron pins set in the ground. I have no proof or evidence, but interestingly, the neighbors on the other side of him had both of their pins removed as well. I'd really love to go put in a stake in the middle of the property and when he calls the police on me, tell him and them to prove it's his land as he has no survey and can't prove it. who set's the iron pins? the surveyor?, and I can put an iron pin in where I know my boundary to be, and when he pulls it out, it will be caught on trail cam and then he can be arrested??

  4. #4
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Survey Stakes Removed, Neighbor Claiming My Property and Encroaching

    I'd really love to go put in a stake in the middle of the property and when he calls the police on me, tell him and them to prove it's his land as he has no survey and can't prove it.
    I'm sure that you would. But it is unlikely that it will work out well for you as your neighbor can place his own pins where he wishes and call you as the trespasser.

    Until you get pins set in the ground by a surveyor licensed in New York, and you have your camera set up, you are only bothering the police who will tell you to get a lawyer.

    And you really need to do the camera and lawyer thing.

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