Barbed Wire Fence On My Property
My question involves real estate located in the State of: NY
Bought my property in upstate Ny @ 8 years ago from a delveloper had subdivided a large farm. The property was suryved with markers and pins and rods. I have the original survey of my property along with the whole subdivision. My not so nice new neighbor who bought the property from the old homeowner that was already in the home before the survey, DOES NOT have a survey of the property, he has a ariel photo of the farm with red superimposed survey lines over it. He put up a very dengerous barb wire fence on what I truly belive is my property, he also removed ALL pink ribbions, rods and pins from my property line. The state police where called because we landed up having words over the fence and we were told the fence needs to stay until WE can prove that is are property. We called to have a survey redone with the price tag of $1800.00. If the survey proves the fence is on my property, can I sue him in small claims court for the price of the survey and the removal of my pins and rods? Any help would be appreciated. Thanks
Re: Barb Wire Fence On My Property
Yes, if the resurvey confirms your claims you would likely have a good claim in any court.
Sounds like your neighbor went the county GIS and looked at a map possibly off by a huge amount.
I live in Ohio and my county has the best GIS in the state and is recognized nationally by many awards. My lot lines on my small residential lot in the county GIS are off by approximately six feet.
Spend a couple of hours of billable time with a local attorney bringing in your survey plat. Get a letter out. This usually resolves it. Remember that removing corner markers is at least a misdemeanor in every state. I have also seen it dealt with as vandalism when in some states that was a more serious crime.