Q: If my neighbor sold his home after he was made aware a year and a half ago that his fence was on our property
He offered us $1000 in the beginning and we declined.now the sale of the home is pending and he still hasn’t resolved it he refuses to give us his real estate attorney’s info so we can let the buyers bank who paid for the survey that their is a dispute . We put in a small claims complaint to see if we can have a Lis pendency put in to prevent him from selling the property prior to resolution of the fence issue since he was made aware a year and a half ago
A: If you’re not part of the transaction I’m unclear how or why you are involved. I understand you may be trying to help someone else, but you may not be apprised of all of the facts in a deal you are not a part of, and in any event I’m not sure what basis you would have to put a cloud on title. You may want to look up the theory of tortious interference with contract (or better yet find an attorney to advise you) to make sure you are not subjecting yourself to liability.
Steven Warren Smollens agrees with this answer
A: You are not doing this right. Small claims cases are for money damages, and cannot resolve boundary disputes. The boundary is the boundary, and the buyer will take subject to the same issues. You need to bring a declaratory judgment action in Supreme Court to deal with a boundary dispute.
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