- Jurisdiction
- New York
I have just had the worst experience of my life. Had a contract to sell the house (part of my father's estate). I had to max my credit cards to do all the fiddly stuff to satisfy the buyers, but by the time we got the building dept straightened out, the in ground oil talk removed, wobbly toilets shimmed, and sink stoppers that don't move smoothly up and down, etc the buyers were clearly having second thoughts and managed to weasel out of the deal after nearly 6 months when they paid for a new survey, conflicting with previous surveys (1967, 1994, 1995).
My neighbor agreed to move a shed that new survey said encroached (because they are really nice people I have an excellent relationship with them). Then the buyers refused to close unless the same neighbors signed a boundary line agreement based on the new survey that would give the new buyer full and uncontested rights to a sliver of property about 150 ft long, totaling 300 sq ft (on a nearly 40,000 square ft lot).
Obviously my neighbor refused to sign it- and frankly I really didn't want them to. Now I am up a creak, credit cards maxed, interest accumulating, house in forclosure, I've already got another mortgage, and no buyer in sight. I need to make sure this can not come back to haunt me in the next deal.
My neighbor and I have a faboulous relationship, we're practically family. What is the easiest, fastest cheapest (I'm in Yonkers, My building department is a NIGHTMARE- they are 8-12 weeks behind and -sorry guys, I appreciate all your help and I know you are inundated- an absolute clown club) way to settle this so there is no title issue when I attempt to sell?
My house is on top of a hill with tons of retaining walls- probably 1,000 ft of stone walls in total- stepping the property. Along this shared boundary I have a stone retaining wall more than 200 ft long, that varies from 6ft to 16ft high. The wall was built as close to the boundary line as is possible from an engineering standpoint, leaving a long (200+ ft) exceedingly narrow triangular strip of property that is completely unaccessible from my property without climbing over my wall onto a 20ft ladder that would have to be placed nearly vertical.
Depending on which survey you believe- My 1967 survey, the neighbors 1994 survey, their 1995 survey and the new survey done last month- this triangle runs between 5"- 30" wide (yes, INCHES) according to the neighbor's survey to a maxium 30" to 55" on the most recent survey. The 1967 survey my father commissioned when he bought the house is somewhere in the middle. (BTW the New surveyor lost their licence for ethical violations in the past, and their phone number is answered by a day care center).
This land is impossible for the owner of EITHER property to build on. The wall can't be moved, by any engineering standard, zoning laws, or building code. Even if it could, it would cost half as much to rebuild the wall than I am asking for the entire 0.9 acre lot with in-ground pool and 5,000 sq ft house! If the neighbor attempted to build on it, setbacks would be grounds enough to stop him. He doesn't even want it per se; the only reason its an issue is that he built his wood fence up to my wall to enclose his yard where his dogs could run. (rather than turn a corner a handful of inches away from a 16 ft tall stone wall and run another 200 ft of fence parallell to my wall that could do nothing but cause a trap for falling leaves and brances and create a highway for urban wildlife). He keeps its clean and neat, removes deteritis that could build up and undermine the drainage and longevity of the wall, and the dogs in his back yard (who are the sweetest babies) keep wildlife- human and rodent- away from both of our properties.
Right now this sliver is nothing but a liability to me- a built-in out for any buyer at any time. How do I resolve it? I have an unusable strip of property that I don't want, that I am lucky enough my neighbor maintains- and I must make this barely-more-than-a- hand-span-discrepancy legit.
The neighbor has adverse possession at a minimum, but frankly they don't want the building dept or tax assessors wandering their back yard and neither do I. We are both completely OK with the idea I own a little more than where my wall bounds, and their fence can meet my wall perpendicular for 2-5 ft rather than turning the corner to run 200ft of parallel fence a breadth away from my 16 ft wall. If any idiot ever wanted to spend a half million dollars to regain that 300 sq ft- we' both be okay with it.
This 6 month boondoggle has destroyed me financially - how do I make sure it doesn't happen again?
I have a real estate lawyer, but he insists I must "MAKE THEM" sign a boundary line agreement that I don't want to make them sign and I can't make them sign
So, what do I do? besides fire the second real estate lawyer- who tells me I am stupid for "not getting it" and try to find a third?
My neighbor agreed to move a shed that new survey said encroached (because they are really nice people I have an excellent relationship with them). Then the buyers refused to close unless the same neighbors signed a boundary line agreement based on the new survey that would give the new buyer full and uncontested rights to a sliver of property about 150 ft long, totaling 300 sq ft (on a nearly 40,000 square ft lot).
Obviously my neighbor refused to sign it- and frankly I really didn't want them to. Now I am up a creak, credit cards maxed, interest accumulating, house in forclosure, I've already got another mortgage, and no buyer in sight. I need to make sure this can not come back to haunt me in the next deal.
My neighbor and I have a faboulous relationship, we're practically family. What is the easiest, fastest cheapest (I'm in Yonkers, My building department is a NIGHTMARE- they are 8-12 weeks behind and -sorry guys, I appreciate all your help and I know you are inundated- an absolute clown club) way to settle this so there is no title issue when I attempt to sell?
My house is on top of a hill with tons of retaining walls- probably 1,000 ft of stone walls in total- stepping the property. Along this shared boundary I have a stone retaining wall more than 200 ft long, that varies from 6ft to 16ft high. The wall was built as close to the boundary line as is possible from an engineering standpoint, leaving a long (200+ ft) exceedingly narrow triangular strip of property that is completely unaccessible from my property without climbing over my wall onto a 20ft ladder that would have to be placed nearly vertical.
Depending on which survey you believe- My 1967 survey, the neighbors 1994 survey, their 1995 survey and the new survey done last month- this triangle runs between 5"- 30" wide (yes, INCHES) according to the neighbor's survey to a maxium 30" to 55" on the most recent survey. The 1967 survey my father commissioned when he bought the house is somewhere in the middle. (BTW the New surveyor lost their licence for ethical violations in the past, and their phone number is answered by a day care center).
This land is impossible for the owner of EITHER property to build on. The wall can't be moved, by any engineering standard, zoning laws, or building code. Even if it could, it would cost half as much to rebuild the wall than I am asking for the entire 0.9 acre lot with in-ground pool and 5,000 sq ft house! If the neighbor attempted to build on it, setbacks would be grounds enough to stop him. He doesn't even want it per se; the only reason its an issue is that he built his wood fence up to my wall to enclose his yard where his dogs could run. (rather than turn a corner a handful of inches away from a 16 ft tall stone wall and run another 200 ft of fence parallell to my wall that could do nothing but cause a trap for falling leaves and brances and create a highway for urban wildlife). He keeps its clean and neat, removes deteritis that could build up and undermine the drainage and longevity of the wall, and the dogs in his back yard (who are the sweetest babies) keep wildlife- human and rodent- away from both of our properties.
Right now this sliver is nothing but a liability to me- a built-in out for any buyer at any time. How do I resolve it? I have an unusable strip of property that I don't want, that I am lucky enough my neighbor maintains- and I must make this barely-more-than-a- hand-span-discrepancy legit.
The neighbor has adverse possession at a minimum, but frankly they don't want the building dept or tax assessors wandering their back yard and neither do I. We are both completely OK with the idea I own a little more than where my wall bounds, and their fence can meet my wall perpendicular for 2-5 ft rather than turning the corner to run 200ft of parallel fence a breadth away from my 16 ft wall. If any idiot ever wanted to spend a half million dollars to regain that 300 sq ft- we' both be okay with it.
This 6 month boondoggle has destroyed me financially - how do I make sure it doesn't happen again?
I have a real estate lawyer, but he insists I must "MAKE THEM" sign a boundary line agreement that I don't want to make them sign and I can't make them sign
So, what do I do? besides fire the second real estate lawyer- who tells me I am stupid for "not getting it" and try to find a third?
Last edited:
