Neighbors and Property Lines

[onjbj]

What is the name of your state? New York

My neighbors have been slowly crossing onto my side of our property line- first with a few bushes, then sprinkler heads- it's gotten to the point where they say that I need to prove to them that they are on our property. This means that I will have to get a survey of that side of the property. If they are indeed on my property (which they are) would I have a legit claim against them in small claims court to recoup the survey fees? (about $400-$500) Also, if the survey says they are on my property, how do I go about making them remove their sprinkler heads? I'm more concerned about the money then making them move their heads at this point- so that question is just an aside at this point.

Thanks for any info on this.

Kari

 

[FlyingRon]

The survey is for your benefit. You won't get that back. You should probably get it for your own piece of mind. If they are indeed infringing, you can do one of two things:

1. Send them a letter saying that the stuff is on your land per the survey, but you're giving them permissive use which you may revoke at any time.

2. Send them a letter demanding removal.

If they don't do it. Contract to have it removed yourself. Sue them in small claims for the costs.

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By the way, there's a whole section on this issue in the Real Estate category you may wish to read through.