How Can an Inaccurate Map in the County Records be Corrected?

Full question:

How can I remove an inaccurate survey map from the county clerk's office?

• Category: Records
• Date: 04/07/2025
• State: New York

Answer:

If the clerk's office is not able to assist you, it is possible to petition the court for relief. The court may order another official to make corrections to public records when they are erroneous. It is possible the court may issue an order, called a writ of mandate or writ of mandamus. A writ of mandate is an order to a public agency or governmental body to perform an act required by law.

Injunctive relief consists of a court order called an injunction, requiring an individual to do or not do a specific action. It must be proven that without the injunction, harm will occur which cannot be remedied by money damages. To issue a preliminary injunction, the courts typically require proof that

(1) the movant has a ‘strong’ likelihood of success on the merits;
(2) the movant would otherwise suffer irreparable injury;
(3) the issuance of a preliminary injunction wouldn't cause substantial harm to others; and
(4) the public interest would be served by issuance of a preliminary injunction.

It is possible to have an anti-suit injunction issued by a court or arbitral tribunal to prevent an opposing party from commencing or continuing a proceeding in another jurisdiction or forum. It is also possible the court may order a bond to be posted if it thinks it is equitable.

A request for a declaratory judgment may be filed with the court, seeking to have a judicial declaration of the rights of parties involved. A petition for a declaratory judgment asks the court to define the legal relationship between the parties and their rights with respect to the matter before the court. It is used to determine the legal status of a situation, rather than the enforcement of the rights involved.