Legal Question in Real Estate Law in New York
I own a home in the Bronx built in the 1922 with property retaining walls on front and side.
Pictures show the wall in the front from 1930's, I presume its been there since the beginning. The side retaining wall acts as a barrier between the properties and holds up my property. The home next door was recently sold and I am worried that the side retaining wall my have a portion of it on the line or slightly over. I am asking because a driveway exists and the new owner may want to expand it and doesn't have anywhere to go but into the wall as the house on that property is up against the other side of the driveway. The original NYC road system showed a parallel street behind the house (which in the 50's was filled in with apartments) where another driveway entrance existed. My first thought was to get a land surveyor as I don't want to be blind sided by a new owner. Does this situation constitute a real problem or am I getting way ahead of myself?
2 Answers from Attorneys
Unless you already have a survey, I suggest hiring a surveyor to obtain a new survey.
They survey will tell you exactly where the property boundaries are and whether there are any easements affecting the property.
Even if the retaining wall is slightly over the line, an encroachment of up to 6 inches or so is generally considered de minimis (insignificant in the eyes of the law), especially with regard to properties that were built so long ago, since many NYC neighborhoods experienced variations in record lines over the years.
It sounds as though the wall may be located astride the boundary line. Yes, you ned a survey, but you also need someone who understands this stuff to walk the property. The real question is what changes are in the offing for the structure of and around your house. Back in the 1920s, the rules on filing plans were not as extensive as they are today. You do have rights to prevent your neighbors doing things that damage your property.
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