Vinyl Fence and Retaining Wall Encroachment

[Newtons_Apple]

New York may be different, but I've never heard of a "SURVEY READING".

Before you call your own surveyor, I would definitely call the neighbor's surveyor and get an explanation. Ask him why his survey differs from your mortgage inspection. The thing about surveyors in every state is we are charged with protecting the public good. Part of this means that we show the record line where it lies, whether it benefits our client or not.

So if you call the surveyor, and you agree with his findings, there is no need for you to hire your own. If however, you are not satisfied with his findings, feel free to hire your own.

As for the measurements, you can request that the neighbor's surveyor show the dimensions of the encroachment so you can better understand the situation.

[Bob I]

Thanks for advice..The neighbors surveyors office was schocked that I had received a letter theatening litigation. They said that the amount of enchroachment was at best 5" and said they never hear of such a small thing being litigated. They did however not wish to be quoted since they had a responsibility to the party that hired them. I had a very professional company do an updated survey of my property which showed no encroachment. I hired a lawyer to send a resonse back to the neighbors lawyer. What happens when two surveys conflict by a matter of inches? The neighbors attorney said he has instructions to begin litigation if they don't get the $5,000 to give me an easement. They beleive I will give it to them since litigation can be expensive. It will be expensive for both parties and in the end I will prevail. Any thoughts?

[BenT]

The neighbors attorney said he has instructions to begin litigation if they don't get the $5,000 to give me an easement. They beleive I will give it to them since litigation can be expensive. It will be expensive for both parties and in the end I will prevail. Any thoughts?

Question: Is the 'very professional' company a licensed surveying outfit? A bit confusing there?

As per the threatening letter - yes, litigation is very expensive. Perhaps they are counting on this tactic to scare you enough to fork over 5000.00 in light of conflicting surveys. I would send this new threatening letter to your attorney to have them write back an appropriate response which is - don't get so eager buddy. Especially when I have a survey that says I am on my property.

Additionally, should the unreasonable neighbor get aggressive enough they will have to do a few things - pay their attorney to file a case, pay case registration fees, have them show up with your lawyer to possibly have a case management conference with the judge. This costs them money and I highly doubt this will occur. Also, sorry that you have to go through such extremes for what seems like a very frivolous (inches) land dispute. But then again, there are ridiculous people in this world.

[Bob I]

Thank you BenT,

The term very professional company meant that they , have their seal as a licensed land surveyor, signed it and provied all the necessary information including a graphic scale etc. The other copy of the survey has none of that even after I ask for the complete copy from the neighbors attorney. That survey simply has a hand written note saying enchroachment with an arrow pointing to a spot on the survey. The survey has a notation showing .5'W which I guess means 6" west of line. Even if that were undisputed we are talking about a retaining wall that is 6" onto a [vacant lot]. My current survey shows my wall right on the line. I am considering answering the summons Pro Se to remove the attorney fees. With my deed, original survey and now a new survey I should be able to make the case and get a favorable result. I am retired and have the time and the last thing I want is to give them $5,000 to go away. I don't intend to go away.

[jk]

Thanks for advice..The neighbors surveyors office was schocked that I had received a letter theatening litigation. They said that the amount of enchroachment was at best 5" and said they never hear of such a small thing being litigated.?

There are many situations where much less than 5" has been litigated. In some cities around the world, inches could mean thousands (millions if the lot line is long enough) of dollars in difference. Tokyo, at one time, had land valued at over $200,000 per square meter so if you think somebody would not argue over 5" (times the length of the property line), they would be wrong.

Now, if they put that in perspective that they are surprised that somebody would litigate over the value of land in your situation, that is something different.

if you have competing surveys, you should contact both surveyors and alert them to the situation. Oft times the surveyors will resolve the issue between them. It could be an error on either party or it could be a differing interpretation of some part of the survey. Start with that and see what the surveyors say to the issue.


did you ask your surveyor to explain the survey, especially in regards to the encroachment issue? Did he(she) actually state there is no encroachment of your fence on the adjoining lot?

[BenT]

Thank you BenT,

Even if that were undisputed we are talking about a retaining wall that is 6" onto a [vacant lot]. My current survey shows my wall right on the line. I am considering answering the summons Pro Se to remove the attorney fees. With my deed, original survey and now a new survey I should be able to make the case and get a favorable result. I am retired and have the time and the last thing I want is to give them $5,000 to go away. I don't intend to go away.

Our pleasure. Please keep us apprised!

Sincerely,

Ben T