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Old 07-28-2023, 01:50 PM
 
913 posts, read 885,602 times
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Hi all, I just wanted to see if anyone had info regarding a new fence question.

I had a new neighbor move in directly next to me who is doing lots of unpermitted work. For the most part that is between him and the town, except this new fence he put up.

My house was previously owned by my parents who bought it in 1962. When my dad put in the fence all those years ago, he was required to put the fence 6" inside his property line. I am not sure what the requirement is today as far as how close to the property line a fence can be installed in TONH. Maybe someone who has actually done one recently can answer?

I know when I look it up on the town site they show where and how tall a fence can be, but not where as far as property line is concerned.

So the second issue is the new fence is 6' high all the way around. I know it can be 6' in the back, 5' on the sides and 4' in the front. That much is listed on TONH. And then to make matters worse, they installed it so it is pushing up against my fence, which concerns me because I don't need my fence becoming damaged or loose.

I don't want to be the kind of neighbor to call the town, but this is really annoying. At the very least he has taken 6" x 100' of my property by not doing things properly.

I think he will get a notice anyway because of the height of the fence and all of the obvious work he has done unpermitted but if anyone knows first hand about how close to the property line a fence can be installed I would appreciate the info.
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Old 07-28-2023, 06:46 PM
 
Location: Former LI'er Now Rehoboth Beach, DE
13,055 posts, read 18,105,705 times
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I won't be able to add much but, if they had the fence installed by a company they should have had to submit a permit to the town and the company before it were put up.IF he had it done by a company they should have had a survey to check placement. Is there any possibility that your dad's fence is on the wrong side of the line?

I am out of TNH one 10 years now, but it is my understanding that if you are bordering commercial property or a preserve or park land the fence can be 6 feet. I do not believe it can be 6 on the sides unless the above applies. Below are some of the answers. It used to be the fence could be installed within the 2 - 6 inch sideline of the arty putting the fence up.

https://northhempsteadny.gov/filesto...quirements.pdf
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Old 07-28-2023, 07:20 PM
 
913 posts, read 885,602 times
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Quote:
Originally Posted by nuts2uiam View Post
I won't be able to add much but, if they had the fence installed by a company they should have had to submit a permit to the town and the company before it were put up.IF he had it done by a company they should have had a survey to check placement. Is there any possibility that your dad's fence is on the wrong side of the line?

I am out of TNH one 10 years now, but it is my understanding that if you are bordering commercial property or a preserve or park land the fence can be 6 feet. I do not believe it can be 6 on the sides unless the above applies. Below are some of the answers. It used to be the fence could be installed within the 2 - 6 inch sideline of the arty putting the fence up.

https://northhempsteadny.gov/filesto...quirements.pdf
He definitely did not get permits and I am sure he can't have 6' anywhere but the back. The fence was not installed by a fence company, it is a regular handyman/ contractor.

My dad's fence is permitted, so there was a survey for his. The neighbor first assumed the fence was his because he said he was going to take it down. My husband told him he couldn't because it was ours. He just closed 2 weeks ago and took down all the trees, did pavers and doubled his driveway and stuck this fence up.

All this on a house that was vacant for 13 years and flipped by a bad flipper. The new owner has no idea this house has been on TONH radar for years, I think they will nail him quickly ,which will suit me fine because I don't want to call the town on him but I also don't want to loose 6" and support his fence with mine.
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Old 07-28-2023, 07:35 PM
 
Location: New York
122 posts, read 235,375 times
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For fences, it's 6ft in the rear, 5 ft side, 4ft front.
if there is a pool, then it will be considered as "pool fence" which requires a 6ft fence.
With regards to pavers, if they are "pervious" pavers then it's fine.
He needs a tree removal application to knock down trees.
Doubling of driveway is finicky as he might encroach into the town's property and if it's a county-owned road, then he's encroaching into county property which is a big deal.
All in all, he might have those permits.

The flipper might have had permits but he never finished it and sold it in process of construction. A permit with tonh is valid for 24 months.
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Old 07-28-2023, 08:41 PM
 
913 posts, read 885,602 times
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Quote:
Originally Posted by cmontesi View Post
For fences, it's 6ft in the rear, 5 ft side, 4ft front.
if there is a pool, then it will be considered as "pool fence" which requires a 6ft fence.
With regards to pavers, if they are "pervious" pavers then it's fine.
He needs a tree removal application to knock down trees.
Doubling of driveway is finicky as he might encroach into the town's property and if it's a county-owned road, then he's encroaching into county property which is a big deal.
All in all, he might have those permits.

The flipper might have had permits but he never finished it and sold it in process of construction. A permit with tonh is valid for 24 months.
Flipper got nailed for no permits, so I doubt he got these. No pool, so I know fence is wrong. No previous pavers, just a one car driveway. I also noticed today he redid the sidewalk and put pavers at the edge of it. Never saw someone do that before.
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Old 07-28-2023, 11:21 PM
 
Location: New York
122 posts, read 235,375 times
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You cannot sell a house with open violations unless its cash only through attorneys and violations will be transfered over to new owner. Also, violations need to be removed prior to certification of occupancy(since it was removed due to violations.
Either way, there can be many reasons fences can be up to 6ft and bza can grant it.
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Old 07-29-2023, 07:20 AM
 
913 posts, read 885,602 times
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So thanks to all for the info. I am going to get a new survey done. The fence is on my driveway line and I want to make sure my driveway has the space I believe is ours as per the survey done in 1962. If it were the other side of my house, I would not care so much.

This is why people are required to submit a survey when applying for the permit. Now their fence becomes my headache.
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Old 07-29-2023, 08:05 AM
 
Location: Former LI'er Now Rehoboth Beach, DE
13,055 posts, read 18,105,705 times
Reputation: 14008
Quote:
Originally Posted by lauradrops View Post
So thanks to all for the info. I am going to get a new survey done. The fence is on my driveway line and I want to make sure my driveway has the space I believe is ours as per the survey done in 1962. If it were the other side of my house, I would not care so much.

This is why people are required to submit a survey when applying for the permit. Now their fence becomes my headache.
It shouldn't. If the town comes in to inspect they will require him to move or remove the fence if it is on your property. I agree it would be a great idea to get an updated survey. You could anonymously contact the town and they will say there was an inspector who noticed the sidewalk and that will open a whole bucket of worms for him. IF he either widened his driveway or changed the apron at the curb cuts he is in for a huge bill. The resolution is he has to apply for the permits for each "violation" and then pay 4 x the cost of the cost of the permit. Doing all he did he is in for quite the $$.
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Old 07-29-2023, 08:20 AM
 
Location: under the beautiful Carolina blue
22,668 posts, read 36,783,639 times
Reputation: 19885
If his fence is on your property and you let it go, it can become his property through adverse possession. That will be a real headache if you ever sell.

No one wants to be "that" neighbor, but this guy is going to end up being a problem in the end. Had a neighbor like this in GC and dad produced problem children (culminating in my finding a Nassau County detective in my backyard when someone was about to come for a showing when we were selling the house). Nip it in the bud now.

As nuts said, you can do it anonymously. He may suspect you, but the stuff with the driveway and sidewalk (in particular) are something anyone could notice including a town employee driving by. The sidewalk is owned by the town so that's going to start a chain of events that are going to be unpleasant for him.

I had a neighbor in GC who replaced her driveway apron when she renovated her house. Village made her install something underneath "In case we ever run underground electric" (pause for laughter). Her across the street neighbor re-did his driveway shortly after and she turned him in.
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Old 07-29-2023, 09:12 AM
 
1,261 posts, read 560,706 times
Reputation: 1175
Quote:
Originally Posted by nuts2uiam View Post
It shouldn't. If the town comes in to inspect they will require him to move or remove the fence if it is on your property. I agree it would be a great idea to get an updated survey. You could anonymously contact the town and they will say there was an inspector who noticed the sidewalk and that will open a whole bucket of worms for him. IF he either widened his driveway or changed the apron at the curb cuts he is in for a huge bill. The resolution is he has to apply for the permits for each "violation" and then pay 4 x the cost of the cost of the permit. Doing all he did he is in for quite the $$.

If it's not on his property, it's technically not his violation. It becomes a civil matter between the two property owners, not the Town. 95% chance any municipal enforcement officer would try to tie the violation to the owner who put up the fence, but mess up the filing since technically the violation occurred on the aggrieved party's property.
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