Buying real estate in New York involves more than agreeing on a price and signing a contract. Before a transaction reaches the closing table, buyers, lenders, title companies, and attorneys may review documents that affect ownership and use of the property. One important part of that process can be the property survey.

A survey identifies property boundaries and may show the location of buildings, fences, driveways, easements, and other improvements. When a survey reveals an unexpected problem, it can raise questions about whether the buyer will receive the property and title contemplated by the contract. In New York, survey issues may need to be addressed before the transaction can move forward.

For buyers and sellers in Brooklyn, understanding what a survey problem means can help prevent an unpleasant surprise at closing.

What Types of Problems Can a New York Property Survey Reveal?

A property survey can uncover issues that are not immediately apparent during a walkthrough. For example, a fence may extend beyond the legal property line, a neighbor's driveway may cross onto the property, or part of a garage, shed, deck, or other structure may encroach on neighboring land.

Surveys can also identify easements, rights-of-way, discrepancies involving property boundaries, or improvements that extend into streets or other areas. The New York State Bar Association notes that surveys may reveal situations in which a neighbor's fence or driveway crosses a property line or a structure extends onto municipal property.

These issues can be especially important in Brooklyn, where properties are often located close together and even relatively small boundary discrepancies can affect the use of valuable land.

How Can an Encroachment Affect a New York Real Estate Closing?

An encroachment occurs when a structure or improvement extends beyond the property's legal boundary. It could involve an improvement on the property extending onto neighboring land or an improvement from an adjoining property extending onto the property being purchased.

Not every encroachment automatically prevents a sale. New York authorities generally consider the nature and extent of the encroachment when determining its effect on marketable title, and relatively minor issues may not necessarily make title unmarketable.

However, a significant encroachment can create concerns for the buyer, seller, lender, or title insurer. The buyer may be purchasing property with limitations that were not anticipated when the contract was signed.

Can a Survey Problem Delay the Closing?

Yes. A significant survey problem may cause a closing to be postponed while the parties determine how the issue should be handled.

A buyer's attorney may review the survey alongside the contract, deed, title report, and title insurance requirements. New York real estate transactions commonly involve a title report that may disclose property-line issues and other matters that should be addressed before closing so the buyer can receive the title required by the contract.

Depending on the circumstances and contractual terms, the parties may need additional documentation, negotiations with an adjoining owner, a revised survey, or another solution before proceeding.

What Are Some Ways a Survey Issue May Be Resolved?

The appropriate solution depends on what the survey reveals. In some transactions, a relatively minor matter may be acceptable to the buyer and title company. Other problems may require corrective action before closing.

Possible approaches can include correcting or removing an encroaching improvement, obtaining an agreement involving the neighboring property owner, clarifying an easement or property right, negotiating modifications to the transaction, or addressing the matter through the title insurance process.

For example, if a fence crosses a property line, the parties may need to determine whether it can remain in place and under what conditions. If part of a building extends beyond the property's boundaries, the issue may be more complicated and could have a greater effect on the transaction.

Recent New York litigation illustrates why boundary issues should not be ignored. In a 2026 Brooklyn case, a court considered surveys when addressing a dispute over an alleged three-foot encroachment between neighboring properties.

Can a Buyer Walk Away Because of a Survey Problem?

A buyer should not assume that discovering a survey problem automatically creates a right to cancel the contract.

Whether a buyer can terminate the transaction, demand that the seller correct the issue, postpone closing, or pursue another remedy depends heavily on the language of the purchase agreement and the nature of the defect. New York contracts may impose specific obligations concerning the type of title the seller must deliver and how title objections are handled.

For that reason, buyers should have their attorney review the contract before deciding how to respond to a survey issue. Walking away without a contractual basis could potentially create additional legal and financial problems.

Why Is the Title Report Important?

The survey and title report often work together to provide a clearer picture of the property being purchased. A title report may identify liens, judgments, property-line concerns, violations, taxes, and other matters affecting ownership.

Title insurance can also be an important consideration. Buyers should understand whether a particular survey issue will be covered, excluded, or otherwise addressed by the title insurance policy rather than assuming every boundary problem will automatically be insured.

Why Address Survey Problems Before Closing?

Once a buyer takes title, resolving a boundary or encroachment dispute can become considerably more complicated. A disagreement with a neighbor could affect future construction, renovations, refinancing, or a later sale of the property.

Identifying the issue before closing gives the parties an opportunity to understand the problem, review their contractual rights, and determine whether an acceptable resolution is possible before ownership changes hands.

Speak With a Brooklyn Real Estate Attorney About a Property Survey Issue

A problematic property survey does not necessarily mean a New York real estate transaction must fall apart. However, buyers and sellers should understand exactly what the survey reveals and how it may affect the property's boundaries, marketability, financing, title insurance, and closing.

At Taylor & Associates Law, PC, we provide legal assistance to buyers, sellers, and others involved in real estate matters in Brooklyn, New York. If a property survey has revealed an encroachment, boundary discrepancy, easement concern, or another issue before closing, our firm can review the circumstances and help you understand your legal options.

Contact Taylor & Associates Law, PC to discuss a Brooklyn real estate transaction and concerns involving a property survey before closing.