Vinyl Fence and Retaining Wall Encroachment

[Bob I]

My question involves real estate located in the State of: NEW YORK

I have owned my home for 38 years. A neighbor purchased a vacant lot and told me that I am encroaching on his property. My survey shows the fence and retaining wall are on my property.
A letter from a lawyer said to remove the wall and fence within 15 days or they would do it and charge me. I sent a copy of my survey to the lawyer and he now says the neighbor will sell me an easement for $5,000. Will my survey, deed and title hold up in court since it is 38 years old?

[jk]

how does the neighbor know where the property line is? Unless he has a survey that disputes yours, you are the only one with any proof of where the line is and as such, in the right if you are within the surveyed boundary lines.

[LandSurveyor]

For starters, you have a letter from an attorney containing at least one threat and no one here can respond to that for you.

So you will likely need to get your own attorney.

What did the letter state as the basis of the claim?

That said, if you have a valid survey from a licensed surveyor, you are most likely in good shape. Understand that an attorney can take you to court on this, and if you go without an attorney, just depending on the good graces of the court and judge, you will be fleeced.

Most attorneys I know would not be willing to to take on such a case which has the smell of theft on the face of it. But some attorneys will write a letter for a fee. You can also get a letter written. Get some local advice on this and head it off.

To repeat, if you have a valid survey, you are in good shape.

Good Luck!

[Bob I]

Thankyou for your responses. The attorney letter had a survey attached which was dated about a month ago when the property changed hands. My survey clearly shows the retaining wall and fence on my property. His has a notation that an encroachment exist at a small area at the corner of my property. I tried to find the attorney that sent the letter at Martindale Hubble and Lexus Nexis but can't locate him. His stationary and letterhead was what anyone could make in five minutes using Microsoft word so He answers his own phone when I called twice. I don't know what I am dealing with. Can I call the local bar association and check on his status?
Thanks again!

[LandSurveyor]

Now that we have two "surveys" on the table it's time to sort them out.

Look for wording such as "mortgage location" or "mortgage survey" or anything noting the word mortgage.

What do you find?

You can also contact both of the surveyors involved and ask for an explanation of the apparent discrepancy.

[Bob I]

On my survey it has the words Gauranteed to the Chicago Title Company and shows name of bank holding the mortgage is signed etc. The other copy of the survey has no information about who the surveyor is etc.

[Newtons_Apple]

Your survey appears to be a mortgage sketch. These are not surveys that one can rely on for the purpose of locating boundary lines. In other words, the paper you have in your hand that you believe to be a survey is more than likely not a survey.

You wrote that the other survey has no surveyor's name on it. As far as I know, ALL jurisdictions require that the surveyor place his name on the plan. New York is no different - Part B of Section 11 on this webpage states this very plainly.

Did you receive a full copy of the plan, or perhaps simply a portion of it? If you do not have a full plan, or even if you do, contact the attorney or the neighbor and demand a copy of the full plan or to know the identity of the surveyor. For this requirement, the law is on your side.

Good luck, and let us know how it turns out.

[LandSurveyor]

On my survey it has the words Gauranteed to the Chicago Title Company and shows name of bank holding the mortgage is signed etc.

You can always contact Chicago Title and file a claim.

That may or may not work out for you depending on the policy, the other circumstances, etc., none of which we know, but it will cost you nothing to find out. Then come back and let us know.

I think that you probably have time to sort that out. It's unlikely that your neighbor's attorney is going to file suit anytime soon. Without a seal and signature the "survey" submitted to you in claim is without legal effect and sounds like a fishing expedition for a settlement. The cost could well exceed the $5k demanded of you and the suit could easily be delayed long enough for a response from Chicago Title and, if necessary, a current boundary survey.

[Bob I]

I am very appreciative for everyone's answers and will ask the attorney for a copy of the entire completed survey.

Thank you again
next chapter coming soon

[Bob I]

I requested a complete copy of the survey. It has another sheet saying SURVEY READING and states that Vinyl fence and timber retaining wall located partially along record varies with record line. It has the name of the person that made the survey reading. It is impossible from what was sent to determine the measurements being referred to. If I call the person who made the survey reading will they tell me what I need to know or should I order a current survey myself?