Simply put, a border line agreement is an agreement between two neighbouring landowners, in which the owners agree on the exact location of an otherwise ambiguous common border. A template cannot be clear, depends on the description in fact or subsequent changes of the landscape, construction of fences, etc. In case you and your neighbour are unable to resolve the border issue with appropriate advice, disputes may be maintained by either party. Whether the penetrating party acquired ownership of the country under the intervention of so-called “unfavourable property” is a frequent topic in a border debate. The types of acts that must be proven by prejudicial possession are very different, but are generally reported that the unfavorable owner must openly, without interruption, exclusively, unfavourably and notoriously own the property of his neighbour for more than ten years to acquire the property. Recently, New York`s unfavourable property law has been amended to provide that “minimus” interventions, such as fences, sheds, gardens, plantations, etc., are, in most cases, considered “receivable” and therefore not “negative.” Thus, your neighbor`s purple garden or hedge is not in your backyard, according to the new status, giving your neighbor ownership of part of your backyard. Similarly, under the new status, the lawnmower, the installation of a typical fence or scale or other portable structure will not give your neighbour rights to your property. Chris J. Coschignano, partner of the firm, and Nicholas J. Cappadora, partner at the law firm, published an article in the September 2016 issue of Nassau Lawyer entitled “Boundary Lines In Residential Real Estate Transactions: Practical Solutions for a Real Problem”. The article gives lawyers useful advice on how clients can resolve a dispute with a neighbor who brings additions or improvements that interfere with their client`s common property line and how their clients can protect themselves with a boundary line agreement.
The article also explains the consequences when a customer does not deal with border line problems with a broken neighbour and how to deal with an uncooperative neighbour who refuses to sign a border line agreement. In a boundary line agreement, the penetrating neighbour agrees to acknowledge that he or she has erred in developing complements or improvements on the common land line with the client and agrees to waive any ownership rights as a result of these interventions. In addition, both parties generally agree to abandon invasive structures, but if they are demolished or destroyed, the structures must be rebuilt on the neighbouring side of the common property line. The agreement also offers the customer a clean, insurable title, which allows him to sell the house, even if the neighbour continues to move to the client`s property. Click here to read the article. From time to time, there is a real disagreement about the position of the front line. This can happen as a result of the use of old maps and descriptions and a real professional disagreement among surveyors about the actual situation of real estate that was told to neighboring neighbors. Similarly, when subdivision maps are created, either intentionally or negligently, the size of the lots is misrepresented, creating situations where houses are built on land that is actually smaller than the subdivision map that would make you believe. Although rare, these situations of serial overlap can be very difficult to resolve, usually with significant legal costs, as each batch concerned must be recalcitrant and a new card must be filed. Assuming that your neighbour does not assert an unfavourable property right stating that the land between the fence and the boundary of the land is actually his, the title company will likely require you and your neighbour to enter into a border line agreement outlining the exact location of the land boundary.