My question involves real estate located in the State of: New York, Essex County.
Parcel I have was last of the lot to be deeded and has no survey (#1). Parcel next to me (#2) was just bought and owner thinks he owns about 54 feet of mine along the separating line. Reason: parcel is triangular, last portion described is "along a fence back to point of beginning". No survey was done since originally deeded (1921) until 1976, more than a decade before I got the property. The prior owner of #2 had moved the fence line and then had a survey done which was never recorded. He then removed the fencing. New owner found deed in the estate and now says that is the line. It is obvious that the fence line is bogus, as the fence corner still exists in a tree at the specified location of the deed when the survey shows that the fence goes another 54 feet past that in a straight line. The deed and survey are obviously in conflict.
Now the questions:
Seeing as the police say the matter is civil and can only be settled in county court, can I still use the land up to the true line before a court settlement (without being arrested)?
Should the new owner have to be the one with the burden of proof, or would that be me because he has the only survey (even if it's wrong)?
Who would be responsible for a re-survey (surveyor went out of business and was bought out by another)?
Would there be a proper way of going about a solution? Oh, and the new owner is just looking to "flip" the property and refuses to discuss anything. I'd like to get this taken care of before some unsuspecting buyer is saddled with the problem.
Thanks for any help.

