Legal Question in Civil Litigation in New York
boundary line dispute
legally, who is allowed to determine a boundary line? is there a particular law or rule that cites this? Thank you for your time and effort.
1 Answer from Attorneys
Re: boundary line dispute
When you buy a piece of real estate, you receive a deed which determines the boundry lines. A surveyor uses the deed description to map the property lines. He then can place a wood or steel rod on the 4 corners of the boundry line (or more if requested or needed). He then certifies your property line. You could always get another surveyor to do the same - but they should match.
There is no law or rue that cites this. It is a matter of what the description of the property is on your deed. A surveyor is best qualified to determine the property line from the deed description.
It is possible that there may be two deeds which have overlappling property lines. I have never seen one in 35 years of practice.
If this does happen, A lawyer would have to search the deeds in the Clerk's Office to see where the mistake is.
If you need any further questions, please feel free to contact me.