The Witecki Law Office
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Real Estate - Boundary Disputes

Disputes over real estate boundaries can be one of most contentious and hostile forms of litigation. This is because most people seem to be very possessive of every square foot of land they think they own. So when two neighbors both think they own a contested piece of land, emotions run high and legal documents often start flying back and forth.

Some of these disputes involve the interpretation and location of easements. These kinds of disputes can be minimized by careful drafting of the easement in the first place. Better to hire a lawyer to craft the easement now, than to get involved in a lawsuit later when your neighbor sells to someone else, who has a different interpretation of easement than what you had thought it said.  If you have a disagreement over a boundary line talk to a lawyer sooner rather than later, so you don’t lose any rights simply by the passing of time.

Other times, disputes arise because prior surveys were not quite accurate, or even because roads have been straightened or otherwise modified. For example, if you had 10 houses on a slight “S” curve of a roadway, with each house having 100 feet of frontage, and then the town came through and straightened the road, you may now have a shorter total of 990 feet of road frontage for these ten houses: In such a case,  who loses the ten feet of frontage? In cases like this, sometimes “Boundary Line Agreements” make sense, where everyone recognizes the reality of the circumstances, and agrees to adjust the boundary lines accordingly, by voluntary and reasoned agreement, involving a surveyor and attorney, in order to avoid contentious and expensive litigation. This Agreement is filed at the County Clerk’s Office, where it becomes part of the chain of title, and resets the description contained in the Deed.

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The Witecki Law Office
8 South Church Street
Schenectady, NY 12035
[directions]

 
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