What Is A Boundary Line Dispute? How Do These Cases Get Initiated?
Boundary line disputes are typically amongst neighbors, where one neighbor was mistaken as to the boundary line and either built something or constructed a fence on or over the property line. Years ago, banks didn’t require surveys and people often didn’t want to spend the extra expense for a survey. They went and put fences or garages on what they thought was their property line and if they’ve owned the property for 40 years, the garage could now be on the neighbor’s property by two or three feet or more. Now, you have a dispute because you have a garage that has been there since these people have owned the home and the adjoining home could have been sold multiple times and no one ever disputed it, until now.
How Can I Find The Property Line?
The best way to find the property line is to pay for a brand new survey, which is done by a New York State licensed surveyor, who goes out and physically measures the property and draws out a new survey map. For those who want to be even more precise, for an additional fee, the surveyor can do what’s called stake mapping, where they pound wooden stakes into the ground every so many feet along the boundary line. Occasionally, trees that were planted 100 years ago are on the property line. The courts have said when the tree is on the property line, both property owners own the tree as tenants in common. In a case like that, neither side could remove the tree without the other’s permission and neither side could trim the tree in such a way that it would harm the tree and cause the tree to die.
What If Me And My Neighbor Can’t Agree On Where The Property Line Falls?
The best thing to do when you and your neighbor disagree about the property line is for both parties to get an independent surveyor and pay for their own surveys. If the surveyors don’t agree, then let the two of them figure out where the mistake is.
Do I Need To File A Lawsuit If The Disagreement Continues?
If both parties were not being reasonable and the surveyors weren’t in agreement, you would have to file a lawsuit.
Can My Neighbor And I Mutually Agree On Where The Boundary Should Be?
An agreement on property lines between you and your neighbor would not have legal sufficiency because when you purchased the lot, it included a certain description. You can’t now arbitrarily agree that your lots are of a different size. The courts would want it to be 100% accurate and the only way for it to be 100% accurate would be for both parties to have new surveys.
For more information on Boundary Line Disputes In New York, a free case evaluation is your next best step. Get the information and legal answers you are seeking by calling (212) 748-9477 today.
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