COURT COUNTY OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:::::::Index No.Calendar No.In Re:Plaintiff(s) -against-Defendant(s)FENCE AND BOUNDARY AFFIDAVITJUDICIAL SUBPOENAThe Matter of Fence and Boundary Locations of Property of (present owners)STATE OF NEW YORK)) ss:COUNTY OFand, 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 York, as more particularly described in a Deed from , dated , , and recorded in the County Clerk's Office in Book of Deeds at page (hereinafter referred to as the premises).THE PEOPLE OF THE STATE OF NEW YORK TO2. The premises adjoin premises owned by , asGREETINGS:WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Court at the the Honorable,set forth in a Deed from , dated , , and recorded in the County Clerk's Office in Book of Deeds at page (hereinafter referred to as the premises). 3. The boundary line of the premises is also (part of) thelocated at County ofo'clock in the day of, on the, 20, at or adjourned date, to testify and give evidence as a witness in this action on the part of thenoon, and at any recessed in room boundary line of the premises; and is therefore a common boundary line. 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 nearby the common boundary line, but is situated up to feet inside the premises from the common boundary line. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply.5. The undersigned hereby certify that they are agreed that the common boundary line as, one of the Justices of theCourt in Witness, Honorableday of, 20 County,depicted in the said survey is accurate and true; and that they make no claim for ownership 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 their personal property and constitutes(Attorney must sign above and type name below)Attorney(s) foran encumbrance on the premises; and upon demand, they promise to remove the said fence. 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. AddressTelephone No.: Facsimile No.: E-Mail Address:(Signatures must be notarized in form suitable for recording)NYSBA PRACTICE FORMS 12/95RETO36Mobile Tel. No.:American LegalNet, Inc. www.USCourtForms.com
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