When you first visit a property, it is easy to focus on the kitchen, the view, or where you might build. Take time to look at the edges of the property, too. A fence, stone wall, or neatly mowed lawn may suggest a boundary, but appearances alone do not establish ownership.
What should you look for on your first visit?
With the seller’s or agent’s permission, walk the property and look for:
• Fences, walls, hedges, or tree lines that seem inconsistent with the land being shown.
• Driveways, sheds, garages, decks, or retaining walls close to an apparent boundary.
• A neighbor’s garden, parked vehicles, firewood, or other belongings extending onto the property.
• Shared driveways, paths, or signs that someone else crosses or uses the land.
• Survey stakes or monuments. Ask what they represent, and leave them undisturbed.
• Differences between the listing map and what you see on the ground.
Ask the seller whether there have been boundary disagreements, shared-use arrangements, or permission given to a neighbor. Bring those answers—and any concerns—to your attorney.
Get a survey even when everything looks fine
A current survey prepared by a licensed land surveyor is a smart investment when buying a home or vacant land—even if nobody requires one and the neighbors appear to agree about the boundaries.
Ask the surveyor to locate the boundaries and relevant improvements, and have your attorney review the survey alongside the deed, recorded easements, and title report. An old survey can be useful, but it may predate a new fence, addition, driveway, or neighboring improvement.
A survey also helps you evaluate your plans. If you want to add a garage, install a pool, fence the yard, or build on vacant land, understanding the boundaries is an essential starting point. Zoning, setbacks, access, and other restrictions require separate review.
Be cautious about “it has always been that way”
A longstanding fence or a neighbor’s mowing does not automatically settle ownership. New York law treats certain minor encroachments and lawn maintenance as permissive rather than adverse; older claims can require a different legal analysis. See RPAPL §543 (https://www.nysenate.gov/legislation/laws/RPA/543) and Hogan v. Kelly (https://www.nycourts.gov/Reporter/3dseries/2011/2011_06018.htm).
Raise concerns early enough for your attorney to address them in the contract and before closing. A friendly explanation deserves follow-up when your ownership or access may be affected.
How My Office Can Help
If you are buying a home or vacant land, I can assist you in obtaining a survey and addressing title issues involving boundary lines, encroachments, or competing ownership claims.
I also draft boundary line agreements to help neighboring owners document an agreed boundary and resolve uncertainty. The appropriate solution depends on the survey, title history, and circumstances of the properties involved.
Involving my office early gives us time to investigate concerns and work toward a resolution before closing.
Before you buy, understand where the property begins and ends. A survey can help you discover a problem while you still have an opportunity to address it.
Law Office of Steven Kurlander
Monticello and Middletown
Serving buyers throughout the Hudson Valley, Catskills, and Upstate New York
Call or text 845-796-8948
www.skurlanderesq.com
General information about New York real estate; individual circumstances require review.
