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  • Property Trees and neighbor New York

    NEW YORK: Received a certified letter from neighbor regarding property line trees; I believe most of them are on our property. Difficult to tell, as they removed the property marker.
    1. Agree - there may be an issue though currently we do not have the funds to do anything. Are we responsible by law to act immediately?
    2. Can we be hit with something else if we ignore this for awhile? (6 - 12 months)
    3. If property damage did occur will our home owners insurance cover it since we notified of possible issues?


    The neighbor has been a menace from day 1 of the seller clearing and building for us. At that time we offered to remove all the trees and build a fence, were told - God No. Before closing we needed a new survey for the 'steel-pipe' property markers were removed. As noted, again markers have been removed and a new survey is needed before a tree service provided could come. Thank you in advance for assisting.

  • #2
    The removal of a boundary corner has complications

    Originally posted by Discover View Post
    NEW YORK: Received a certified letter from neighbor regarding property line trees; I believe most of them are on our property.

    Before closing we needed a new survey for the 'steel-pipe' property markers were removed. As noted, again markers have been removed and a new survey is needed before a tree service provided could come.

    Did a professional land surveyor place the “steel-pipe” property markers? If a professional land surveyor placed the property markers, the alleged professional land surveyor can only remove the purported property markers unless a Court with proper jurisdiction order the property marker to be removed. Thus, if the property markers were removed by the builder and/or a contractor in building the home, the alleged remover of the markers might be liable for the survey and any other alleged cost associated with removing the purported boundary line markers and/or alleged corners. One who removes a boundary corner might not have “clean hands” in a civil lawsuit.

    You should review the covenants in your deeds and the by-laws of the association of your subdivision in reference to trees on the property line.

    The certified letter should have been directed to the seller and/or builder of the home in my opinion. The seller should have delievered with the new home a plat with four boundary corners. However, you should not ignore the certified letter from your neighbor. You should consult a competent attorney who specializes in property law within the State of New York regarding the matter.

    “Do not move your neighbor’s boundary stone set up by your predecessors in the inheritance you receive in the land.” Deuteronomy 19:14
    Originally posted by Discover View Post
    If property damage did occur will our home owners insurance cover it since we notified of possible issues?
    Most homeowners’ insurance policy would not cover property damage relating to removal of boundary corner and a boundary-line dispute. However, you should ask your insurance agent regarding this matter and/or review your policy. The damage occurred before closing and probably would not be covered under your homeowner insurance policy.

    God speed.
    Last edited by DrumMajorChange; 08-01-2009, 02:06 PM.
    I am not an attorney. My personal opinions are not legal advice.

    "The only thing we have to fear is fear itself." --- Franklin Roosevelt

    The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy. --- Martin Luther King Jr.

    A trap was set once upon a time; however, the designer fell in himself!!

    Comment


    • #3
      Check your title insurance policy

      Originally posted by Discover View Post
      If property damage did occur will our home owners insurance cover it since we notified of possible issues?
      If you bought title insurance when buying the home, you might check the title insurance policy to see whether it will cover the alleged property damage.
      I am not an attorney. My personal opinions are not legal advice.

      "The only thing we have to fear is fear itself." --- Franklin Roosevelt

      The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy. --- Martin Luther King Jr.

      A trap was set once upon a time; however, the designer fell in himself!!

      Comment


      • #4
        Hire a real surveyor

        Hopefully, a registered surveyor performed the survey for your neighbor. The opinion regarding the tree line would be suspected if a real professional land surveyor did not obtain real evidence. This week, a surveyor employee was arrested for using a seal of a surveyor. The alleged work was not valid in the State of New York. I wonder how many more States where a surveyor's seal have been used without the knowledge of the surveyor.


        Surveyor employee arrested
        Last edited by DrumMajorChange; 09-16-2009, 06:33 PM.
        I am not an attorney. My personal opinions are not legal advice.

        "The only thing we have to fear is fear itself." --- Franklin Roosevelt

        The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy. --- Martin Luther King Jr.

        A trap was set once upon a time; however, the designer fell in himself!!

        Comment

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