Help Newby with Encroaching neighbors in Queens NY

[Gisele M.]

Hi everyone,

I’m in the process of purchasing my first property, a two-family in Queens NY for 1.2 million. I’ve been cleared to close by the bank and currently waiting for the seller’s lawyer to return from vacation to set up a closing date. A few days ago, my lawyer called me into his office to give me a copy of the survey and to tell me that the neighbors have their fences in my future property but that it’s small so we can continue with closing if I agree.

Upon going over the survey at home I realize that besides the neighbor issue, my front gate and front steps are over the property line protruding into the sidewalk.

My lawyer says is not a problem, but I’m uncomfortable about it. Here are some specifics about the survey. Any advice? Thank you in advance!

Neighhbors:

Fence at South up to 1.9 feet North of southerly line;

Fence at East up to 1.8 feet West of easterly line;

Fence at West at (0.5’) variance with the line of record title;

My future property:

Steps at front lie over northerly line up to 2.2 feet North of line;

Chain link fence lies up to 4.9 feet North of northerly line.

[Tom Gimer]

Misaligned fences are very common and most buyers close without requiring sellers to remedy prior to settlement. The neighbor might be notified so as to make the use permissive going forward. Now if it were the structure itself or a deck over the property line... those likely require resolution (easement) or price adjustment. Plus most lenders would require forced removal coverage.

Regarding the front step and fence, while it's possible it's also unlikely that those issues would ever need to be addressed. Every property on the block probably has a step encroachment. Since these minor matters will be special exceptions on the final owners title insurance policy, the buyer is self-insuring them by closing.