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.