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  1. #1
    Join Date
    Jun 2008
    Posts
    7

    Default What to Do About a ROW Violation

    A neighbor has built a retaining wall 3 feet out into a 30 foot easement. It is not really a big deal, but I don't want to just roll over on it.

    He is elderly, in poor health, and a real a**h***. I wonder how much time I have to do something about it (New York State), and just what I should do anyhow.

  2. #2

    Default Re: What to Do About a ROW Violation?

    Who owns the property under the easement? Is the wall blocking the use of the easement in any way?

  3. #3
    Join Date
    Jun 2008
    Posts
    7

    Default Re: What to Do About a ROW Violation?

    He owns it.
    It doesn't really obstruct anything; it just reduces the ROW to 27' from the contractual 30'.

    If he had bothered to ask my permission I might have agreed that 27' was adequate; but he didn't. (yes, there is some history...)

  4. #4

    Default Re: What to Do About a ROW Violation

    If he owns the property and the wall is not restricting your use of the easement you have no damages. History doesn't have to repeat itself.

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