Legal Question in Real Estate Law in New York

Re: property line dispute

Speaking solely about the surveyor, the question you should ask yourself is, "if the surveyor did everything right, would that have stopped the boundary dispute with your neighbor?" Probably not.

I would attempt to shame the surveyor into doing a proper job, using that information in the upcomming boundary dispute with your neighbor.

Mike.

Re: property line dispute

You can certainly sue anyone for anything. This does not mean, however, that your suit will be successful.

You should contact a local attorney to discuss this matter in more detail. Malpractice is not easy to prove. What the surveyor did may be malpractice, but without more details, and an expert opinion from another surveyor, I can't be sure.

Re: property line dispute

You should immediately commence litigation

against your neighbor for ejectment, namely,

removal from your land. A claim of

adverse possession does not become effective

until after a ten year period, so this

lawsuit should be successful

Your lawsuit against the surveyor has time

limit problems. There is a 3 year

statute of limitations for negligence and

6 years for contract breaches. Both seem

to run, and your luck may have also run

out on this.

Do get on the property issue, though.