My handyman bought this my attention a few days ago.

Handyman is replacing my fascia & soffit on the side of my building next to another owner's building. The apartment owner next door has butted his fence & concrete parking lot right next to my property. It’s been like this for quite some time. My handyman says owner (he) is encroaching about 3 feet of my property, but I'm guessing the setback is probably more like 5 feet. The handyman said he saw the other owner while he was working and told him and the owner just shrugged.

What’s the correct move in this situation? Is the first step a survey? Contact code enforcement? If I am correct and the neighbor is encoaching is he responsible for paying for the correction? Will the City make him pay?

I'm friendly-ish with the owner and hate to throw a wrench in the relationship, but I want my 5 feet back. I would rather fix this now because this property will be inherited by my children. I inherited this parcel from my mom.

For starters,

1. Survey your land

2. If he's not encroaching, do nothing.

3. If he is encroaching, write up a letter stating that he has permission to use the land for as long as you own it. Then talk to him in a friendly way, like: "This has come to my attention & I just wanted to let you know in case a future owner makes a big deal out of it. I don't care,(LOL) but just thought you would want to know. Here is a letter saying it's OK with me, in case anybody should poke their nose into our business and try to make a fuss. So, how did you like that Yankees/Mets game?".

By giving him permission, you eliminate the possibility of adverse possession.

You also look like a friendly neighbor while still putting him on notice that you noticed.

BTW: I have a friendly neighbor who erected a nice privacy fence, before I bought the house, that slightly encroaches on my property. I took this approach & we have no problems. I enjoy their fence being there every day. But, if it ever had to be replaced, way into the future sometime, it will be put in the right spot in case the next owner would care.

@ DJ in your case at least you get the benefit of a nice fence. I get nothing, meanwhile he has extra parking space for his tenants. Let me also add that since he fenced off that area he has attached his flood light to my fascia.

No, Mick: prescriptive easement is totally different from adverse possession

A prescriptive easement is when I have been driving over your land for years to access my property. You have not objected - maybe made a handshake deal between friendly neighbors - so it is "understood" that it is OK to continue doing so. It is not deeded or required by law that I continue to be given access.

Adverse possession is where I openly use & maintain a piece of your property without your permission, for a certain period of time (research more details) and take legal action to claim ownership of it - taking it from you.

Hanging light on your property? Umm...no.

The last three surveys that we've had done went against us!

1. House was 1/3rd over line! (Bank repo)

2. Line was much closer to our driveway than I'd believed for 50 years. (Mom's house)

3. 2 acres on record went to 1.96 not recorded yet.