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Successful Recordation Despite New Tax Map and Changed Lot Numbers

Reason for retaining Adam Leitman Bailey, P.C.:

In 1969, a deed was executed conveying title of a Staten Island property, and a policy of title insurance was written on the passing of the title. In 2006, the insured received a letter notifying them that excavation would begin on their neighbor’s property within ten days. It turned out that the neighbor was attempting to build a wall and two garages that encroached upon the insured’s property by approximately two feet.

There was a discrepancy between the insured’s survey of the property and the neighbor’s survey of the property. Adam Leitman Bailey, P.C. was hired to settle the dispute over who rightfully owned the two feet.

Result:

Adam Leitman Bailey, P.C. successfully negotiated and drafted a boundary agreement between uncooperative, feuding neighbors. Once agreed upon, Adam Leitman Bailey, P.C. personally appeared at the clerk’s office to ensure recordation of the boundary agreement and new deeds, and was faced with some major recording complications, the largest being that a new tax map was filed in December 2007 (one month after the firm’s supporting documents to the boundary agreement were signed), which changed the lot numbers for the properties in issue. The firm’s documents, therefore, listed lot numbers that no longer corresponded to the map on file with the clerk.

Adam Leitman Bailey, P.C., however, has a good relationship with the head clerk in Richmond County, who, after lengthy discussions and much cajoling, ultimately agreed to accept the deeds for recordation “retroactively,” in a sense. While still at the clerk’s office, Adam Leitman Bailey, P.C. re-created the supporting documents to evince the new lot numbers and fronted the recording fees for the client, in order to diffuse all complications and, in only one visit to the clerk, successfully record all documents in favor of the insured on the spot.

Colin Kaufman negotiated the boundary agreement and Jackie Halpern Weinstein achieved successful recordation with the Richmond County Clerk.

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