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.
1 Answer from Attorneys
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.