COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : In Re: Plaintiff(s) The Matter of Fence and Boundary Locations of Property of (present owners) -against- Index No. Calendar No. : JUDICIAL SUBPOENA FENCE AND BOUNDARY : AFFIDAVIT : STATE OF NEW YORK COUNTY OF ) ) ss: : Defendant(s) : . . . . . . . . . . . . . . . . . . . . . .and . . . . . . . . . . . . . . . ., .being. duly .sworn, depose and say as follows: ... .... .... .. 1. We are the owners of premises commonly known as ________________________ in the [city/village/town] of ____________________, County of ______________, and State of New THE PEOPLE OF THE STATE OF NEW YORK ______________ Deed from _____________, dated York, as more particularly described in a ______________, ______, and recorded in the ______________ County Clerk’s Office in Book TO _______ of Deeds at page ____ (hereinafter referred to as the “________________” premises). 2. The “________________” premises adjoin premises owned by _____________________, as set forth in a ______________ Deed from ________________, dated _______________, GREETINGS: and recorded in the ___________________ County Clerk’s Office in Book ______ of ______, Deeds at page ______ (hereinafter referred to as the “________________” premises). WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court 3. The _________ boundary line of the “________________” premises is also (part of) the located at the “________________” premises; and is therefore a County of ____________ boundary line of in room , on the day , 20 , at o'clock in the noon, and at any recessed “common boundary line.” of or adjourned date, to testify and give evidence as a witness in this action on the part of the 4. The undersigned have been shown a survey of the “________________” premises prepared by ___________________________, land surveyor, dated _____________, ______, wherein it appears that a _______________ fence runs along or nearbycontempt of court and will line,” you liable to Your failure to comply with this subpoena is punishable as a the “common boundary make but is situated up to _____subpoena was the “________________” premises and all the “common the party on whose behalf this feet inside issued for a maximum penalty of $50 from damages sustained as a result boundary line.” comply. of your failure to 5. TheWitness, Honorable undersigned hereby certify that they are agreed that the “common boundary line” as , one of the Justices of the depicted in the said survey is accurate and true; and that they make no claim for ownership Court in County, day of , 20 by adverse possession or otherwise to that portion of the land situate between the “common boundary line” and the fence on the “________________” premises as set forth on the survey. 6. The undersigned hereby certify that the said fence is(Attorney must sign above and type name below) their personal property and constitutes an encumbrance on the “________________” premises; and upon demand, they promise to remove the said fence. Attorney(s) for 7. The undersigned make this affidavit at the request of ________________ in order to induce the _____________________ to finance a mortgage loan to purchasers of their real property. Office and P.O. Address Telephone No.: (Signatures must be notarized in form suitable for recording) Facsimile No.: NYSBA PRACTICE FORMS 12/95 E-Mail Address: Mobile Tel. No.: RETO36 American LegalNet, Inc. www.USCourtForms.com