Boundary Line Disputes – Fence Problems

In this NY Post Article, two Manhattan millionaires fight over the placement of a fence. One neighbor, who’s fence had been over the line by 12-inches for 20 years tried to sue for “squatters rights” and prevent the neighbor from making improvements to their property and taking down the fence.

While I can’t really sympathize with millionaires about anything, it certainly shows you that boundary line disputes can happen to anyone.

Even if your land isn’t worth millions per square foot, you should “protect your boundary lines.” It has certainly been the case in the past that fences have “matured” to the point that they are judged to be the property line.

So, if your neighbor’s fence is over the line, or a wall, or anything really, you should do something about it. Now, you don’t have to always sue them.

One solution might be to write them an easement for the encroachment and have them sign and acknowledge the encroachment. This lets them know that you know they are encroaching, and their agreement to the easement should remove any chance of them taking the property.

Of course, always consult an attorney in these matters. The attorney will want an updated survey so he/she knows what the situation is.

Protect your own property rights. Even if you’re not a millionaire.

 J. Keith Maxwell is a Professional Engineer & Land Surveyor and has acted as an Expert Witness on multiple boundary line disputes.