Boundary Disputes and When to Hire a Lawyer

Tell us a little about your firm and the areas of law you practice.
David A. Kaminsky, Esq. has been in private practice since 1985. The firm is composed of Principal Attorney David A. Kaminsky and “Of Counsel” Attorneys Ron Kaplan, James A. English and Maureen Neff. David A. Kaminsky & Associates, P.C. is a general practice. The aims and expertise of our firm are wide-ranging, but for the most part are concentrated in real estate litigation and transactional matters. David A. Kaminsky & Associates, P.C. has a wealth of experience in all phases of litigation, including: Trial work in Supreme Court, Supreme Court, Civil Court and Housing Court, Appellate work, Administrative hearings and appeals for DHCR, HPD, ECB, Criminal Court and Loft Board matters, Judicial reviews in Supreme Court of administrative determinations (Article 78 proceedings). Similarly, we have handled transactional matters spanning the entire real estate spectrum, including residential and commercial leases, office leases, store leases, loft leases, sales of co-op apartments, condo apartments, commercial properties, and multi-family residential properties.
Can you briefly describe what a boundary dispute is?
A boundary dispute is when owners of adjacent properties are disputing where one property ends and the other property begins. Essentially, they are arguing over ownership of the property.
What are the most common boundary disputes that you’ve seen arise in Long Island?
The most typical property dispute is over a fence that has been erected and one party will claim that the fence is impinging on its side of the boundary line. It is very difficult to erect a fence exactly on the boundary line and often carpenters, handymen, fence installers erect fences without the benefit of properly surveyed lot lines.
Another similar dispute is regarding property lines involving trees and shrubs, particularly the type that are designed to create a screening effect or a fencing effect, such as hedges.
Yet another common scenario is drive paving, where a paving company will create a driveway and will go over the property’s boundary lines and pave onto the neighbor’s property as well as their customer’s line.
When is it advisable for someone involved in a boundary or property line dispute to consult a lawyer?
It is always advisable for someone involved in a boundary or property line dispute to consult a lawyer. The lawyer will be able to help the property owner address the issue and determine whether or not there is truly a property line problem, and also determine what, if anything, to do about it. If you speak directly to your neighbor before consulting the attorney, your conversation will have less weight and merit and will likely be dismissed by the neighbor.
Are there any actions that can or should be taken before property owners hire an attorney?
My advice to a homeowner who has a neighbor who is wrongly claiming to own part of that property is that he should seek advice of a competent real estate attorney who can assist in responding to the neighbor’s claim.
What advice do you have for homeowners with a neighbor who is wrongly claiming to own part of their property?
There are many considerations that must be considered by the homeowner and his attorney such as reviewing surveys, length of use of the property, whether there was a survey reading done when the homeowner purchased the property, whether the neighbor’s claim involves issues of adverse possession, which is a law that could entitle an adjacent property owner to require title to a portion of property based upon the continued matter of use over a period of years, usually ten or longer.
What’s the best way for people to contact you and your firm?
The best way to contact me and my firm is through email to david@davidakaminsky.com or telephone at 212-571-1227. We promptly respond to all messages and calls and will set up appropriate consultation if necessary.
 

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