The kinds of disputes over land
Land disputes take several forms. Boundary disputes question where one parcel ends and the next begins, often after a new survey. Easement disputes involve a right to use someone else's land, such as a shared driveway or a utility line, and turn on whether that right exists, how far it extends, or whether it has ended. Co-ownership disputes arise when people who hold title together, often family members, disagree about selling or using the property, and New York law provides a partition action to resolve them. Title disputes involve competing ownership claims or defects in the chain of title.
The documents that matter
Deeds, recorded surveys, subdivision maps, and title insurance policies are the core records, and the county clerk or, for most of New York City, the City Register holds the recorded ones. A current survey by a licensed land surveyor can show where a line actually falls, and comparing it with older surveys can show when a discrepancy began. If you bought with title insurance, review the policy and notify the insurer promptly, because some boundary and title defects may be covered. Photographs from different years and records of who maintained or paid taxes on the disputed area can also help. Avoid moving fences, blocking access, or removing structures before getting advice.
Resolving it in or out of court
Many land disputes are resolved with a boundary line agreement or an easement agreement recorded in the land records, which can be faster and less costly than litigation. When agreement is not possible, an action to determine title, an action to establish or enforce an easement, or a partition action in State Supreme Court may be needed. Adverse possession claims sometimes arise in the same disputes, though New York narrowed them by statute. Sorting out which kind of dispute you have comes first; we then review the deeds, the surveys, and the history of use. That determines both the realistic resolutions and the steps that protect your position now.
