Rochester, NY asked in Real Estate Law, Business Law, Municipal Law and Small Claims for New York

Q: Live next to busy grocery store. His customers keep crashing into my fence. His employees also damaged it by piling snow

This is a very dangerous situation for my family and my property. 3 to 4 times in the past, his customers crashed through or over his guardrail hit my fence, and ended up on my property. He has a poorly

constructed and damaged guard rail only 1 foot from my fence. It is not providing the needed protection. In addition, in winter his employees keep piling and pushing all the snow against my fence. This past winter caused significant damage. He said he would send someone over to fix it. It's been 6 months and he is just ignoring me. These two things must fall under some sort of nuisance law. Village and town officials have been unwilling to help as they seem to be coddling this business at the expense of neighboring properties. The other issue is his garbage dumpsters are located less than 20ft from our yard. They are being left open and the odors are unbearable. Between the odors, flies and rodents the dumpsters cause, ot makes our backyard/patio unusable.

2 Lawyer Answers

A: You may need a court order to resolve the situation.

Jack

Tim Akpinar agrees with this answer

A: Unfortunately, you may also need to consider investing in a stronger fence. Regardless of any court ordered remedies, no one is going to monitor the property line 24/7 to enforce any type of order. Good luck

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