Navigating Boundary Disputes In New York
Boundary disputes can cause contentious relationships between neighbors. Private property ownership rights are very important in New York, and property owners may believe that their neighbor is infringing upon those rights. When simply having a discussion is not enough or when both sides disagree on where the property line lies – and both believe they are in the right – it may be necessary to seek legal resolution.
Your property is a major investment, and your rights are important, so you need an experienced real estate attorney. Here at Napolitano Law PLLC, founding attorney Phil Napolitano has nearly 30 years of experience. Our real estate lawyer is known as a skilled negotiator and always stands up for your rights. We also offer free consultations to help you get started.
Potential Reasons For Boundary Disputes
New York boundary disputes can arise for a variety of reasons, including:
- Disagreements over where a fence should be constructed
- Conflicts over who has the right to trim or remove trees
- Issues when constructing new buildings or renovating existing ones
- Conflicts over land use such as issues with easements or driveways
- Lot line disputes
For instance, your neighbor may have recently constructed a new fence, but you believe that it encroaches on your side of the property line, meaning they are unfairly and illegally taking control of some of your real estate. But moving a fence is expensive and time-consuming, so your neighbor may refuse to do so. What comes next?
How Do You Resolve These Disputes?
In some cases, merely the threat of legal action is enough to get your neighbor to reconsider their position. However, if there is a significant conflict where both sides believe they are correct, it may be necessary to look at property records and conduct an official survey.
If the survey reveals that your property rights have been violated – such as your neighbor constructing a building partially on your property or trimming your trees without permission – you may need to take legal action to seek compensation or rectify the situation. At a time like that, having an experienced law firm on your side is invaluable.
Frequently Asked Questions About Boundary Disputes In New York
Boundary disputes raise a lot of questions, and getting the right answers early can make a real difference. Below, we address some of the most common concerns we hear from property owners across New York.
How do I find my exact property lines in New York?
Your deed and a licensed land surveyor are your two most reliable starting points. Your deed contains a legal description of your property’s boundaries, while a licensed surveyor physically maps those boundaries on the ground. Reviewing both gives you the clearest picture of where your property begins and ends.
Public records are another valuable resource. Your county clerk’s office keeps several documents that can help clarify your property lines, including:
- Filed survey maps
- Recorded deeds
- Block and lot records
Accessing these records early puts you in a stronger position if a dispute escalates.
What can I do if my neighbor builds a fence on my property in the Bronx?
If your neighbor builds a fence on your property, you have real legal options. A direct conversation is often the best place to start. Many fence encroachments begin as honest mistakes. A calm discussion can often resolve the issue before courts become involved.
If your neighbor refuses to act, you can send a formal written demand. This document establishes that you objected to the encroachment. It also creates a paper trail that supports your legal position if the dispute moves forward.
Who is responsible for trimming trees that overhang a property line?
You generally have the right to trim branches extending over your property line up to the boundary without entering your neighbor’s land. New York law recognizes this as “self-help,” meaning you can act without your neighbor’s permission. However, trimming negligently or maliciously in a way that damages or kills the tree may create liability for harm caused.
Is a property survey legally required to resolve a boundary dispute?
New York does not always require a property survey to resolve a boundary dispute, but courts treat it as the most important evidence in these cases. A professional survey maps the legal boundary with measurable precision. Attorneys rely on this document far more than verbal claims, old fences or informal agreements between neighbors.
Call For A Free Consultation
When these disputes become complex and you want to meet with an attorney, just contact us via the online form or call us at 718-414-6175 today to set up your free consultation. Our team looks forward to assisting you.