How to settle a property line dispute?
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How to settle a property line dispute?
My parents’ neighbor is renovating his property and wants to install a new fence. His surveyor is stating that my parents are too close to his property. This neighbor was stopped from previously trying to move one of those surveyor markings and my parents old surveys show differently. My parents have been living on this property for around 30 years and have a shed near the property border as well as were (recently removed) using bamboo as a “fence”. Given tough times, money is a bit tight, so the potential cost of this would also be helpful. What is the least expensive way to resolve all of this?
Asked on September 21, 2010 under Real Estate Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Least expensive way to resolve the matter is either to jointly hire a neutral surveyor who can produce a survey to settle the matter and/or mediate (i.e. negotiate) some reasonable settlement, such as by one party paying another to resolve the dispute, or by offering up something else in exchange (e.g. instead of him moving his fence in here, you let him use some other portion of your land).
If you can't work it out that way and this becomes a sticking point, you will probably end litigating the matter; litigation is how intractable property line disputes are resolved. A real estate attorney can probably help you negotiate as well as let you know what the cost of fighting this might be; you should strongly consider consulting with one.
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