New York's real estate market is famous for a cutthroat attitude and the victor claiming the spoils. But even the most powerful and ruthless sellers and developers are restrained by the law. There are limits to how far someone may go to protect their interests in real estate.
What can a property owner do if a neighbor is exceeding the property line?
A property owner can sue in civil court for ejectment, the process of removing another person's or entity's objects or fixtures. When someone installs or leaves an item on another's property, the legal term is encroachment.
How can a property owner prove encroachment?
A property survey done by a licensed land surveyor can demonstrate the exact location of the property line, and therefore, show encroachment. To win a suit for ejectment, a plaintiff must have a relevant land survey, an affidavit from the surveyor and a credible affidavit of facts to support the survey.
Is there any case law regarding these issues?
One New York case for ejectment was dismissed because the land survey submitted by the plaintiff was not accompanied by an affidavit. Another case demonstrated tortious interference on the part of a neighbor who lied to a fence installer, forcing the expense of a new land survey.
How can I get help with a property line issue?
Real estate disputes are often easier to deal with when a person retains legal representation. An attorney can advocate for a property owner's interests and work in court or out of court to resolve disputes.