I live in NYS (Putnam Co) and a private dirt road runs behind our property. Our house is on the side of a mountain and recently a house behind us at higher elevation paved their driveway causing water runoff to flow across the road, and then downh...
At common law and in most states today, you cannot claim damages from drainage changes due to construction on neighboring properties. However, in most municipalities, there are rules and permitting requirements that call for storm water to be retained or detained by dry wells and similar engineered features. You might want to check with your municipalities' building department to see whether this happened with the new construction.See question
I have portioned of old fence knocked over by neighbor. I m also building a fence along edge of my flag pole plot/driveway to stop him trespassing on my property because he also harassed me. When I started digging, he said unless I proved to h...
You need to begin this discussion and any fence discussion with a STAKED survey where a licensed survey locates your boundaries (usually buried pipes or rods driven underground and indicated on a survey map). Then build a fence one foot inside your line in compliance with any municipal ordinances or permit requirements. In many states (not sure about WA, you seem to have some unique land use and real property laws there) it's illegal for someone to intentionally or maliciously pull up the survey stakes (they are usually 1" x 1" wooden stakes about a foot above ground with some plastic flagging tied around the top.
One thing I might be aware of is any encroachments indicated on the map or potential claims of adverse possession by the neighbor. Depending on the age of the map and the state's period for adverse possession and other criteria, it may be what's on the ground in actuality that controls whose land it is, not the "metes and bounds" described in a deed or a map that's more than a few years old.See question
I'm in the middle of a custody case to modify to get more time with my 3 year old son. My ex and I share joint custody. We have a pre trial date at the end of September. In April she mentioned something about preschool and I told her I wanted to ...
Agree with Attorney Trueheft. There are a number of options available to you in Family Court. One is to file a violation/modification petition concerning the failure to consult on matters encompassed by joint legal custody, such as pre-school. Another might be to petition for primary physical custody. You would have to prove both a change in circumstances from the last order and that this in the best interests of the child. Or you could propose to amend the visitation/parenting plan provisions of the last order to make days your parenting time, rather than the other parent enjoying parenting time but putting the child in day care while she is working (especially if she wants cost sharing of the child care in a support order, when the day care might be unnecessary). Lastly you could advocate that a parent be "physically present during their parenting time" (many judges will not do a "right of first refusal" or force an outcome where a parent's work schedule is taken into account; you have to try and work that one out.
Lastly, I would consider whether day care has other benefits to the child (friends, socialization, play, early education) and that if it does, I'd soft pedal the argument that needless expense is being expended on day care, because it would make you look cheap and more interested in your pocketbook than the child's welfare. Not good in a custody/visitation proceeding.See question
My daughter live with us all her life on 9/24/2010 My grandson was born. On December 1 2010 her heart failed and need a heart transplant on December 19 2010 she got. Her heart transplant After 2 1/2 years she lived and on May 30 2013 she died...
No, you can't change her name easily without the father's consent. However, you can seek to adopt the child, which would also require the father's consent, but the adoption might go through if efforts were made to serve the father with papers and he couldn't be found (the court might require a notice yo be published in a newspaper. Alternatively, you could seek support from the father and work a deal with him that if he freed the child for adoption, it would eliminate the support obligation. You would probably also have to seek formal custody through a Family Court order (grandparent custody requires "special circumstances" and the death of the mother and absence of the father would qualify.
I'd see a family court lawyer to explore the practical courses of action available to you.See question
My step daughter lives with her mothers mom. She has a 1 and half year old. She was told by our local county office that she can not get support from the father of her son until her bio dad and bio mom pay her support. Her father (my husband) paid...
She needs to move out, get her own place and become self supporting. That's "emancipation". You can google "emancipation New York" and read several websites about this. Then you file a petition to end support, and she, or County Social Services on her behalf (if she is collecting any public assistance), will go after her child's father for support.See question
this on purpose.Thank you.
File a custody/visitation violation petition and ask for strict enforcement. Consider a mid point fetch at a convenience store or library as this tends to insure punctuality.See question
I would of course get all the legal work done. Permits, etc. Just want to know if it's legal. All it would be around 800 plants. No irrigation or loud farm equipment it's basically just a large garden
Refer to your local zoning map and figure out which district you're in. Then look at the regulations for "allowed uses" in your district, along with the definitions of the words involved in the rules.
I would say if you're in a agricultural or rural use kind of district, it's OK, if you're in a residential neighborhood any commercial use might be prohibited, even if it was akin to allowable uses in residential areas such as small vegetable gardens. However, this might not be the case in "rural residential".
The Boards are definitively have to review the plans carefully for this and the number one issue is going to be proximity to neighbors and potential objections of same and potential to change the character of the neighborhood, which, of course, very much depends on existing neighborhood character and the use would "blend in" to the extent that neighbors didn't notice it when operating.
This issue is most often addressed with people who want to keep chickens in their yards, but depending on the size of your operation, it might raise concerns over traffic, pesticide use, etc. from neighbors and water use from the municipality. 800 plants sounds fairly intensive.
If you're uncertain, your local building or planning departments that would be issuing any permitsSee question
My neighbors and I no longer speak. They refused to get insurance coverage to work on their house which partially sits on my property. They wanted me to be willing to commit insurance fraud if something happened, and I wrote them a letter tellin...
Put up a fence inside your property line after you have had a staked survey done. Speak to a lawyer about the issue of their house on your property. That may be an instance of adverse possession where it is not your property anymore. You may need a boundary line amendment. Call the police if there are any threats of violence or physical altercations or harassment and they may issue an order of protection against your neighbor and even arrest him (or they may tell you it's entirely a "civil matter (dispute)" and tell you to speak with an attorney about court or negotiated relief.See question
When a court document is stamped "Filed" what does that mean? There seems to be a "list" called the Civil Index Minutes and if it's stamped "Filed" how is it then entered into the Civil Index Minutes? If it's not entered into the Minutes what wo...
Usually that means simply that the original of a paper, pleading, order or other document related to a court of record proceeding (i.e., one which has been required to buy an index number from the County/Court Clerk for filing, or a motion fee or other applicable filing feed) is accepted by the Clerk as meeting the technical requirements for that document and is stamped FILED with a day and time clock in the Clerk's Office.
I'm not sure what the Civil Index Minutes are, that may be peculiar to Westchester County; I'd ask the County Clerk what that means.See question