Boundary and easement disputes are some of the most litigated issues that arise in connection with both residential and commercial properties. While a boundary dispute concerns a disagreement over the location of the property line, an easement dispute involves a conflict over the right to use someone else’s land for a specific purpose. It’s crucial to take the necessary steps to resolve these matters to protect your property, prevent future disputes, and maintain amicability with neighbors.
Here are some critical steps in resolving a boundary line or easement dispute in New York:
1. Communicate with the Other Party
If possible, discuss the issue with your neighbor. Many boundary and easement disputes arise from misunderstandings that can easily be resolved. You may find a simple solution, such as moving a fence or allowing for shared access. Talking with your neighbor can help preserve your relationship with them and potentially avoid costly legal action.
2. Gather All Relevant Documents
If a resolution cannot be reached by talking with your neighbor, you may need to prepare for litigation. Begin preparing for your case by gathering all relevant documentation. This can include the following:
- Deeds to the property
- Legal descriptions of the property
- Previous surveys
- Any written agreements entered into with neighbors
- Correspondence regarding the dispute
Documentation can provide crucial evidence in a boundary or easement dispute — and help achieve a fair resolution.
3. Obtain a Survey
A land survey is an essential tool to resolve a boundary line or easement dispute. Specifically, this document can help establish the true property lines and delineate boundary lines. A survey can clarify ownership, identify encroachments, reveal hidden easements, and eliminate ambiguities. In the event the case goes to court, a licensed surveyor may serve as an expert witness to explain their findings.
4. Consider Alternative Dispute Resolution
Litigation may not always be necessary to resolve a boundary or easement dispute with neighbors. Alternative dispute resolution methods such as mediation or arbitration can help neighbors reach a settlement amicably, cost-effectively, and efficiently. Mediation uses a neutral third party to facilitate open communication between the parties and help them explore creative solutions. Arbitration can provide a more structured out-of-court method — similar to a “mini trial.”
5. File a Lawsuit if Necessary
If you are unable to settle the boundary or easement dispute by discussing solutions with your neighbor or using a method of alternative dispute resolution, it may be necessary to commence litigation. A knowledgeable real estate attorney can best advise you regarding your legal rights, and available remedies.
Depending on the facts of your case, some options may include filing a quiet title action to establish clear ownership and pursuing an ejectment action to remove the neighbor’s encroachment. The court may also issue an injunction, which can order your neighbor to remove an encroaching structure or stop using your property.
Contact an Experienced New York Real Estate Attorney
If you are a party to a boundary or easement dispute, a real estate attorney can help you navigate the legal process to reach a resolution. Offering dedicated counsel to property owners, landlords, tenants, real estate developers, and investors, Barnes & Barnes, P.C. provides representation for a wide range of commercial and residential real estate matters across New York. Contact us at (516) 673-0674 to schedule a consultation.
