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Easements, Encroachments, and Boundaries

What Homebuyers Need to Know in New York Residential Real Estate


When it comes to buying residential property in New York, there are numerous factors to consider, including easements, encroachments, and boundary issues. These legal matters can significantly impact your property rights and enjoyment of your new home. In this blog post, we'll discuss the importance of understanding easements and encroachments before purchasing a property and how Taub and Bogaty can help you navigate these complex issues.


Easements and Encroachments: What Homebuyers Need to Know

Understanding Easements

An easement is a legal right that allows someone to use another person's property for a specific purpose. Easements can be granted for various reasons, such as allowing access to a public utility, providing a neighbor with access to their property, or even for recreational purposes. Easements can be created by a written agreement between property owners, implied by the circumstances of the properties, or even established through long-term use. As a homebuyer, it's crucial to be aware of any existing easements on a property, as they can affect your property rights and future plans.


Identifying Encroachments

An encroachment occurs when one property owner violates the property rights of another by building or placing an object on their land without permission. Encroachments can take many forms, including fences, sheds, or landscaping features that cross property boundaries. Encroachments can lead to disputes between neighbors and, in some cases, may require legal intervention. Therefore, when purchasing a property, it's essential to identify any existing encroachments, as they may affect your ability to fully enjoy your new home or require you to take legal action to protect your property rights.


Boundary Issues and Their Impact on Homebuyers

The Importance of Property Surveys

A property survey is a crucial tool for homebuyers, as it provides a clear understanding of a property's boundaries, existing easements or encroachments, and other pertinent information. In addition, a survey can help prevent disputes with neighbors by clarifying property lines and ensuring that any structures or features you install are within your property's boundaries. Reviewing a property survey before purchasing a home is essential, as it may reveal issues that could impact your decision to buy or require negotiation with the seller.


Resolving Boundary Disputes

Boundary disputes often arise when property owners are unclear about the exact location of their property lines. These disputes can lead to contentious relationships between neighbors and sometimes require legal action to resolve. Being aware of any boundary disputes or potential issues is vital as a homebuyer.


How a New York Real Estate Attorney Can Help Homebuyers

Reviewing and Interpreting Property Documents

At Taub & Bogaty, we can review and interpret property documents, including deeds, surveys, and easement agreements, to help you understand your property rights and potential issues. With a clear understanding of your property's boundaries and any existing easements or encroachments, you can make informed decisions about your purchase and future plans for your home.


Negotiating and Drafting Easement Agreements

If you discover an existing easement on a property you're considering purchasing, we can help you negotiate the terms of the easement agreement to protect your property rights. Additionally, if you wish to grant or receive an easement, we can draft a legally sound easement agreement that addresses your specific needs and concerns, ensuring that your interests are protected.


Assisting in Resolving Encroachment and Boundary Disputes

If you encounter an encroachment or boundary dispute during the home-buying process, we can provide invaluable assistance in resolving the issue. They can negotiate with neighbors, provide legal advice on your rights and options.


Guiding You Through the Home-buying Process

We will guide you through the home-buying process, ensuring you understand and comply with all legal requirements, including contract negotiations, property inspections, and closing procedures. Their expertise can help you avoid pitfalls and make the home-buying experience as smooth and stress-free as possible.


Contact Taub and Bogaty Today for Experienced Legal Assistance in New York Residential Real Estate

When buying a residential property in New York, it's essential to be aware of easements, encroachments, and boundary issues that can impact your property rights and enjoyment of your new home. At Taub and Bogaty, we can help you navigate these complex legal matters and the home-buying process.

Don't hesitate to reach out to our team for assistance. Call us today at (516) 531-2500 to schedule a consultation with one of our knowledgeable attorneys, and let us help you make the best decisions for your future home.


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