Legal Question in Real Estate Law in New York
Property Line Questioned
My Mom is having a problem with a lady who is claiming half of my Mom's woods is hers. Part of this is because the tax map says so. Our surveyor said this is a common problem; the tax maps are not correct, neither is the acreage landowners are taxed for. Anyways, the property line has never been disputed by her Dad or Mom and my parents bought this land 40 years ago. I am not sure if the neighbor's land is in this woman's name or still in her Mothers. My Mom's surveyor told us not to worry by just looking over the abstract. One thing is the woods were logged and there is still tops from the trees which can be cut up for firewood, which we burn here. I am afraid this disputing neighbor will try letting someone cut these up or sell to someone. Is there anything we can do legally to prevent this? My Mom will retain an attorney if necessary. Or should she not worry and wait until both surveyors finish their work?
1 Answer from Attorneys
Re: Property Line Questioned
I just finished a similar problem. your surveyor should stake the boundaries of your properties as it appears from his version of the survey. This is done by metal posts driven deep into the ground and red flags attached to the top. YOu can then put up a fence to correspond to the metal posts and thus you "stake" out your property. You can then post "no trespassing" signs on the posts. Take numerous pictures of the land, and if the neighbor violates the boundaries, you have an action against them. This will also bring the matter to a conclusion, one way or another.
If you would like to discuss this matter further, please feel free to contact me.
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