NEW DEVELOPMENTS IN THE LAW

Chris J. Coschignano and Nicholas J. Cappadora Discuss the Use of Boundary Line Agreements to Settle Property Disputes

Chris J. Coschignano, a Partner with the Firm, and Nicholas J. Cappadora, an Associate with the Firm, published an article in the September 2016 issue of Nassau Lawyer titled "Boundary Line Issues In Residential Real Estate Transactions: Practical Solutions for a Real (Property) Problem." The article provides attorneys with useful advice on how clients can resolve a conflict with a neighbor who makes additions or improvements that encroach on their client's side of the shared property line and how their clients can protect themselves with a Boundary Line Agreement. The article also explains the consequences if a client fails to address boundary line issues with a trespassing neighbor, and how to handle an uncooperative neighbor who refuses to sign a Boundary Line Agreement.

In a Boundary Line Agreement, the encroaching neighbor agrees to acknowledge that he or she made an error in making any additions or improvements over the shared property line with the client and agrees to waive any ownership claims by virtue of those encroachments. In addition, both parties typically agree to let the encroaching structures stand, but, in the event they are torn down or destroyed, the structure(s) must be rebuilt on the neighbor's side of the shared property line. The agreement also provides the client with clean, insurable title, allowing them to sell the house, even if the neighbor continues to trespass onto the client’s property.

Click here to read the article.

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