Small Claims Court, NYS suing encroaching neighbor for cost of property survey

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Location: New York. This is Small Claims Court. My nextdoor neighbors have intentionally encroached onto my property with a permanent, unpermitted concrete encroachment without my permission. All communication failed. City Hall has fined them and given them stop work orders. They keep going. I had a property survey performed which specified where the encroachment is and how big it is. I am suing the neighbors for the cost of this survey. Trial resumes tomorrow. They aren’t arguing that they didn’t encroach or have permits. Quite the opposite, they claim the city didn’t give permits so they had to take action themselves. Their contractor took the stand and said he never informed me because I wasn’t the one who hired him, and the neighbors complained that every time I caught them trespassing I called the cops. We stopped last time while one of the two neighbors (husband and wife) was testifying. I haven’t been able to cross examine her yet.
Is there any doubt that they should be the ones who have to pay for the survey I had performed? A property survey is what’s needed to prove encroachments, neighbor disputes, and it’s what title companies and realtors use during home sales. As you may have guessed, it’s almost impossible to sell a home at market price if the new buyer inherits an encroachment. Also when an encroachment is ignored, it can also lead to adverse possession.
I want to make sure that it’s awarded that THEY, the violating neighbors must pay me, the violated homeowner for the damages, which is the cost of the survey. I had the survey performed after their construction encroachment was completed and there’s no other reason for me to have had it performed. With a judgement in my favor I can get injunctive relief to have this encroachment removed.
What would you include and exclude in your closing arguments and in cross examination? I really want to make sure that I drive this home.

Comments

  1. Lawnmowerforfree Avatar

    NAL, I would argue it sets a dangerous precedent. If they are allowed adverse possession without permits then you are set to begin construction of a similar sized building, partially encroaching their property in the exact same manner to gain back the property you have lost. Idk if this is a good idea but it’s what came to mind