Legal Question in Real Estate Law in New York

Fence and Encroachment

I just bought a house in queens NY,

After the closing when I get the survey from the title company I found

my neighbor's back yard fence is in my property one foot . My question is who should I talk to? My neighbor OR title insurance company? And what legal action I should take. I don't know when my neighbor's put the fence. What I do know is the fence looks like new and my neighbor's bought his house 3 years ago. Thanks.


Asked on 12/30/08, 1:15 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Fence and Encroachment

The title insurance company has nothing to do with the survey - or insuring against encroachment.

You should first talk to the neighbor about moving the fence. Since the fence is relatively new, the fencing company may be responsible for building the fence on your property. If that does not work, you should file a complaint with the City (building department). If that does not work, you would have to commence an action to remove the fence.

Mike.

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Answered on 12/30/08, 9:07 am


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