NEWS
After city removes fence, homeowner warns others to check property lines
Hot:Loading... Date:2020-03-06
STATEN ISLAND, N.Y. -- A Dongan Hills resident learned the hard way that the fence surrounding his corner property home wasn’t on his property, but was instead on city land.
James, whose family has owned the property for 50 years, said he was contacted by the city shortly after the new year regarding upcoming construction on Ruth Place, Hulbert Street and surrounding blocks in the area.
In order for the city Department of Design and Construction (DDC) to replace the sidewalks as part of the construction project that also involved repaving the roadway, James, who asked that his last name not be used, said he was told he needed to remove part of his fence.
At that time, he believed the fence was on his property. Then, he came home one day and the fence was no longer there.
“My fence has been up since the house was constructed,” James told the Advance. “Now anybody can just walk up to my house.”
Adding to his aggravation, James said he was told by the city that it’s not responsible for replacing the fence -- he would have to pay for it himself to replace it.
A DDC spokesman said it’s not uncommon for residents to build over the boundaries of their lot without knowing it and it’s not discovered for years or even decades.
“Prior to street reconstruction, DDC performs a detailed survey of the area to determine the proper alignment and sizing for streets, curbs, and sidewalks. Sometimes during these surveys it’s found that private property has been installed outside of a homeowner’s lot on the publicly owned right-of-way. When this happens, the property owner is notified and given an opportunity to remove what’s called an encroachment. If the homeowner does not do that, then the City’s contractor will remove it at no cost to the homeowner so that the project can proceed,” the spokesman told the Advance.
James confirmed he received an Encroachment Removal Letter from DDC explaining the encroachment and did not remove the fence himself.
Other residents on James’ block and in the area of the construction have had similar issues, he said.
Replacing the fence is an unforeseen expense, he said, but now he wants to warn homeowners who may be considering constructing a fence, building a pool, or making any home improvements to check property lines carefully before beginning.
“It will save them aggravation and some money, too,” James said.
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