Property Line Dispute
We have an ongoing dispute with our neighbor over the alleyway between our homes. It was claimed by them prior to us moving in. Fence was put up attached to our house, walkway and backyard fence on the property line. Looked at the survey which says that we are entitled to 21 feet, 6 inches….
We have an ongoing dispute with our neighbor over the alleyway between our homes. It was claimed by them prior to us moving in. Fence was put up attached to our house, walkway and backyard fence on the property line. Looked at the survey which says that we are entitled to 21 feet, 6 inches. Our house is 21 feet. Are we really entitled to another 6 inches of the alleyway? This would make a big difference to us in order to access our backyard and use the alley. Thank You
Call Bill Bianco, Jr – he’s amazing, not terribly expensive and an all around great guy. He only does real estate.
(718) 366-2600
What the heck are you going to do with 6″ if your house is 21′ wide on a 21′-6″ wide lot?
get a good surveyor and a good lawyer!
Survey maps are notoriously faulty in NYC. A lot of the older ones state “X” number of feet from the corner as the starting point. The problem is was what exactly do they mean by the corner? Most of the original survey markers, if they were ever there in the first place, have been removed and who knows how many times the corner has been redone, changing location a few inches each time. It’s been my experience that it’s really tough to prove one way or the other. Whose to say that your neighbors house on the other side isn’t the one encroaching? Things weren’t quite so rigid 100 years ago and six inches wasn’t a big deal one way or the other, especially if all the houses were built at the same time by the same builder.
to clear up any confusion, there is a gate across the alley which is attached to both of our houses in the front. going straight back through the ally,their back fence is attached to my house and runs the length of my property on the property line. where and how can i obtain a tax map? i thought the survey and language (21 feet 6 inches) was enough? any attorney suggestions?
also search the forum. There have been some posts in the last 2 years on adverse possession questions.
I am a little confused. Are you saying that your neighbor fenceed off your backyard by erecting a fence from your house to the back fence?
In any event, if they did this in the last few years then you are in good shape. If they did it more than 10 or 15 years ago you might be in trouble.
Also, what does the tax map say? Maybe the survey was bad.
Thank you for helping. The walkway is a little over a foot, and so people are able to walk to through it. Agreed, it should have been picked up at closing but was not. Any recommendations for an attorney?
This should have been picked up at closing with a survey. Get a different lawyer.