Legal Question in Real Estate Law in New York

Re: Encroachment and damaged property pin

If your neighbor is unwilling to reimburse you, you can sue both the neighbor and his landscaper. He should have coverage under his homeowners insurance for your claim. Be sure to get written estimates of the costs you will incure to correct or replace the damaged property.

Re: Encroachment and damaged property pin

A great deal depends on how the surveyor's pin came to be located where it was. As an artificial monument, it is not conclusive of the location of the boundary, but it is "some evidence" of where the boundary is located. You should have a survey of your property from when you purchased it. Maybe that pin is shown on that survey. Maybe you even have title insurance that references that survey. All in all, the first question that needs answering is, did the people who live next door (I am avoiding the term "neighbor" because you may be in one of those situations where just because people live next door does *not* make them your neighbors) actually regrade your property? If so, then you have a good lawsuit against the contractor that invaded your property and against the people who live next door. Your damages will be the sum of (a) the cost of restoring the land to its prior grade (get an estimate from a contractor), (b) restoring the plantings, (c) punitive damages for trespass. The punitive damages can be quite substantial, especially if there is a history between you and the people next door of being the kind of neighbors who need a substantial boundary wall. Trespass to land is actually a serious tort because owners tend to get a bit testy when their homes are invaded. You should notify your insurance company (plaintings are covered; check your policy to see how much they are covered for) and notify your title insurance company about the boundary dispute.

There is a one-year statute of limitations. Do not dawdle.

You can sue for this. You probably should sue for it. Quite simply, there is no way on God's Green Earth that the contractor did not recognize that it had hit a boundary pin, so the element of wilful and wanton destruction is pretty well established.