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How Can You Resolve a Boundary Dispute in New York?

boundary dispute new york ny

In the poem “Mending Wall” by Robert Frost, one of the characters espouses the belief that “Good fences make good neighbors.” Having a clear boundary between your house and your neighbor’s and respecting that boundary helps to keep the peace between the neighbors. Unfortunately, you and your neighbor dispute where that exact boundary lies. Whatever is at the heart of this ongoing dispute, you need to understand your rights as they pertain to this matter. For more information on how you can resolve a boundary dispute in New York, please continue reading, then contact an experienced Rockland County real estate litigation attorney today.

What constitutes a boundary dispute in New York?

Boundary disputes are a type of property litigation. Most boundary disputes fit into one of the following four categories:

  • Plot line and party wall disputes: This may occur when two property owners disagree regarding the location, width, ownership or maintenance liabilities of a boundary line, which is usually set by determining features such as fences, walls, hedges, driveways, trees, posts or even a stone marker.
  • Fence, landscaping and outbuilding disputes: This is essentially a form of lot line dispute, but it involves the additional challenge of deciding what to do with the item or items that have been improperly allocated.
  • Access disputes: This occurs when a property owner needs access to the neighboring owner’s property and the neighboring owner feels that the other is infringing on his or her property rights.
  • Adverse possession claims: If a person uses a neglected property openly and continuously without the owner’s consent for a considerable time, that person may then lay a claim to it.

If you have encountered these or any other boundary disputes, you should immediately reach out to a skilled Rockland County real estate attorney to commence legal action.

What can you do to resolve a boundary dispute in New York?

After meeting with a seasoned real estate attorney, you should begin gathering evidence to bring to court. New York courts have developed rules for weighing such evidence in boundary disputes. Evidence in a boundary dispute might include:

  • Deeds and other documents indicating property ownership or title transfer
  • Testimony of the parties involved, neighbors or previous owners
  • Surveys and expert testimony of surveyors
  • An appraisal of the market value of the piece of property in dispute

Before you proceed, you should consider how much the land is worth to you and whether going forward with litigation, which could lead to a trial, is really in your best interests financially and in other ways. Our firm can help you whether you decide to go to trial, reach a settlement or simply buy/sell the piece of property in dispute.

Contact our Firm

If you require an experienced team of attorneys, contact The Lauterbach Law Firm today to schedule a consultation.

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