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Real Property Law
Practical Location of Boundaries Doctrine Applicable Even When Deeded Boundaries Are Clear
Czenszak v. Iasello 2024 WL 2035451 AppDiv, Second Dept. (memorandum opinion)
In landowner's action to quiet title to a disputed strip of land, neighbor appealed from Supreme Court's grant of summary judgment to landowner. The Appellate Division affirmed, holding that the doctrine of practical location of boundaries was applicable.
A cinder block wall lies between landowner's parcel and neighbor's parcel, but the wall actually encroaches on neighbor's parcel. The encroachment creates a triangular strip of property, 4.2 feet at its widest point, that lies between the wall and the boundary described in the parties' respective deeds. Landowner brought this action to quiet title to the disputed strip. Supreme Court granted summary judgment to landowner, and neighbor appealed.
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