house border overlap problem

[uelias]

state name: new york state

i'm closing on a new house in about a week. my lawyer noticed that my border overlaps my neigbor's border by approx. 1-1/2 feet at one specific point, where my neigbor's house has an old, curved cement walkway crossing my border line. my lawyer says that an overlap of up to 1 foot is allowed, so this whole issue concerns only 5-6 inches of land. the neigbors refuse to sign a document that my lawyer gave them (i don't remember it's name). i personally don't mind letting the issue go, but i'm worried that it may come up again when i sell the house someday. is there any way to solve this problem before i close?

 

[HomeGuru]

It appears that you are dealing with an encroachment issue with respect to property boundary lines as determined by a boundary survey.
You should have forced the Seller to resolve this issue.

 

[uelias]

thanks, HomeGuru, but...

thanks for your answer. that is exactly what i'm dealing with. i don't need to force the seller to resolve the issue -- he's cooperating fully. that is, he's been trying to work it out with the neigbors, but they refuse to sign anything, saying they just want to leave it the same as it has been for many years. i still have over a week until i close. can i do anything until then? i'm worried that when i sell the house in the future, the future buyer might force ME to resolve the issue, refuse to close, try to bring the price down, or who knows what else. on the other hand, what can be done if the neigbors are refusing to cooperate? i'd appreciate any more ideas.

 

[HomeGuru]

Let me explain further.
When I said force the Seller to resolve, I meant force the Seller to resolve ie. do whatever is needed from hiring an attorney to suing the neighbor. So what if the Seller is cooperating with you, that does not help your position right?
You are astute to be concerned about the future.
So what you claim could be a possiblity with your Buyer in the future, you be that Buyer today.