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Neighbor Asking Me To Sign Affidavit About Boundary Fence

Location: Long Island, NY. My neighbor is in contract to sell his house. There was a survey done showing that a roughly 50 foot section of fence between our properties is actually on the neighbor’s property. This means we’ve been enjoying a few extra feet in our driveway that actually belongs to the neighbor. The new buyer’s agent wants us to sign an affidavit attesting that we make no claim to the strip of land lying between the existing fence and the actual boundary line. I believe the title company is requiring this be signed before they can close.

I want to be a good neighbor and not hold up their sale, but I also don’t want to willfully give away some land here without protecting myself. They provided a copy of the survey, which seems to show they are correct. Could I push back and not sign their affidavit, but still sign a waiver acknowledging that I agree the property rights are those established by the recorded records at the time of purchase, or something like that? Long story short, this property was purchased over 30 years ago.

I will be speaking to a real estate attorney this week, but I’d love to be a little more informed about what to ask.

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Neighbor Asking Me To Sign Affidavit About Boundary Fence

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