Long Island, NY Foreclosure Lawyer Arnold M. Bottalico
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New York Real Estate Boundary Dispute

5/15/2014

5 Comments

 
Question:

My neighbor is moving off Long Island, NY and wants me to acknowledge that his fence is 1 ft over the property line.  Should I sign anything stating that 1 ft beyond the fence belongs to my neighbor?

Answer:

When I handle these type of cases, I will usually get a copy of the client's survey and a copy of his/her neighbor's survey along with copies of the deeds to both properties. I then review these documents against each other for discrepancies. If there are discrepancies then that opens up a whole set of issues for a later discussion. If we are dealing with property on Long Island, then it is likely that the property lots are on a subdivision map and more likely than not there is no real boundary dispute. It may just be a fence that is not properly placed on the record boundary line and the surveys may show this assuming the fence in its current location existed at the time the survey(s) were commissioned. Sometimes neighbors will agree that if the fence does encroach onto adjoining property then the fence can remain so long as it is standing and when it is replaced the new fence will be installed on the record line. This would likely apply in your situation. If, however, your neighbor wants you to acknowledge that the property line is to be where his fence is then that could be problematic. Signing a boundary agreement could potentially result in serious zoning law issues. Also, if there is a mortgage on your property, signing a boundary agreement with your neighbor could create issues with the bank. Lastly, depending on the circumstances, your neighbor may have a basis to assert adverse possession. I recommend that you speak with an attorney experienced in real estate litigation. My firm handles these situations, and I would be happy to help you. 




5 Comments
Barbara
11/15/2020 01:32:05 pm

Hello,

I have a very similar situation. My neighbor just walked over with a boundary line, fence agreement with a 2003 survey. He moved in after me, and the only fence i put was a small section between us in the front, using a professional fence co. And my survey of 2013 from whe i purchased the house. He purchased hus home soon after and had put flags on my property indicating the line ... immediately after he movdd in, which i thought was odd. They were working on an old survey, but mine does not show hat discrepancy. M
He is claiming my fence encroaches 1.1 feet into his property. My survey does not show this. Should i get a land surveyor?

Reply
Arnold M. Bottalico, Esq.
11/17/2020 02:58:26 pm

Hello Barbara,

It is wise for you to share with your neighbor a copy of your survey. Sometimes this can help and resolve the issue. You can contact us should the issue remain unresolved.

Reply
Wilton Conger link
10/9/2021 03:14:31 pm

The majority of these disputes can be broken down into four categories Lot line disputes, Fence, landscaping, and outbuilding disputes, Access disputes and adverse possession claims.

Reply
Connie Self link
10/9/2021 04:18:29 pm

You can negotiate directly with the neighbour to achieve a settlement of the dispute that has arisen.

Reply
Tex Hooper link
8/2/2022 07:29:57 pm

You make a great point about signing a boundary agreement right off the bat. I need to get a contractor to build a new house for me. I'll have to consider getting someone with good online reviews.

Reply

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    Arnold M. Bottalico is an experienced Long Island, NY foreclosure attorney with over 25 years of experience, and he welcomes your questions and comments.

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