It’s a very good thing to know exactly where the boundaries of your property extend to. It’s a lot easier to embark on a home renovation project when you know where your property begins and ends. This knowledge is what helps you sleep easily at night without having to worry about whether or not you may be starting a potential legal battle with your neighbor every time you clear branches off an overhanging tree. If you’ve ever wanted to fence in your land or clear a large portion of it off, you will need to have precise knowledge of exactly how far your property extends in every direction.
Why Do You Need to Concern Yourself with Property Laws?
There are a number of reasons why you need to concern yourself with knowing about local property laws. These reasons may include, but are not limited to, the following:
- To know where your property boundaries are.
- To know the true value of your property.
- In order to resolve a property dispute.
- To inform a potential home buyer about a property encroachment.
- To know how far you can pursue a renovation project.
- To solve any legal disputes that may arise.
You Will Need to Research Exactly Where Your Property Boundaries Lie
Many times you don’t even have the first clue where the boundaries of your property begin and end. This is not due to negligence on your part. In many cases, the property you are currently living on has changed hands on multiple occasions. The precise extent of the boundaries may have been lost sight of. This means that when you are considering a major renovation of your property, you may find yourself encroaching on your neighbor’s property without even realizing it. Even worse, you may discover that your own property has been encroached on by a neighbor, rendering your project impossible.
Confusion Over Property Boundaries Can Be the Cause of a Legal Dispute
Not knowing exactly where the boundaries of your property lie can be the source of a great deal of confusion. In some cases, this confusion may escalate into a full-blown legal dispute. There are many ways to safely resolve a property dispute. It’s a good idea to be fully in possession of the facts before you initiate or challenge a suit brought on the basis of disputed boundaries, as this is an issue that directly concerns the value of the property you lay claim to. Knowing exactly where your property begins and ends is the key to exercising your rights without infringing on the sovereignty of your neighbor.
What Do You Need to Know About the Boundaries of Your Property?
There are a number of very important facts that you need to know about the boundaries of your property. You will need to know exactly where your personal property begins and ends. You will also need to know who to contact in case a boundary dispute should arise. For example, you should be in touch with your local city, county, and state authorities. You should also have a good attorney to turn to in case you encounter any trouble. While it’s always best to work toward a settlement that avoids such legal hassle, it may not always be possible.
Not Every Boundary Dispute Needs to End Up in Court
You should also keep in mind that not every boundary dispute is unsolvable. You don’t always have to go to court for months or years to resolve a simple land or fencing dispute. Some boundary issues can be resolved via a legal agreement between the two property holders. For example, not every boundary is set in stone. You can legally change the extent of your property through a mutual agreement with your neighbor. The more you know about the extent of your personal property, as well as the laws that govern such issues, the better prepared you will be for any trouble that may arise.
Neighbor Fence Disputes
Good fences make good neighbors, but do you have the right to actually put up a fence? It’s never a good idea to begin a renovation project on your property without knowing exactly where the boundaries actually are. neighbor fence disputes have long been a keen source of tension between property holders. This is definitely an area where you need to know your rights in full. Knowing these rights will certainly save you a great deal of time, money, and hassle in the long run.
What Areas Are Local Fencing Ordinances Designed to Regulate?
Local fencing ordinances will generally be designed with a view toward regulating some or more of the following areas:
- The size of your fence (especially its height).
- The location of your fence.
- The ultimate extent of your fence.
- The material used to build the fence.
- The general appearance of the fence.
- Whether or not a fence is allowed in the area.
The Extent of Your Fencing Rights May Depend on Where You Live
How much latitude you have to build or restore a fence on your property will depend on where you live. For example, if you live in a completely detached home on your own private property, you will most likely have much more free rein when it comes to fencing. On the other hand, if you live in a subdivision, you may find yourself subject to many more restrictions, especially concerning the overall size and height of your fence.
Most residential areas tend to restrict the size of a front yard fence to four feet, while a backyard fence may not exceed six feet. Any more, and you may find yourself in a dispute. The location of your fence may also give rise to disputes over the greater extent of your property.
Can A Neighbor Force You to Take Down an “Ugly” Fence?
Many neighbor fence disputes are started over issues that may seem laughable at first. For example, in some cases, a neighbor may try to force you to take down a fence that they consider to be ugly. This may seem crazy at first but, rest assured, there’s a method to the madness. The ultimate issue here is not the aesthetic quality of the fence in question, but the damage that your neighbor feels is being done to their property values.
The Height and Appearance of Your Fence May Affect Property Values
In many cases, the appearance of a property has a direct effect on the amount that a potential home buyer is willing to pay for it. When your neighbor feels that the height or appearance of your fence is an eyesore that is affecting the resale value of their own property, they’re going to call you on it. In some cases, they may file a complaint with the local zoning board. If this occurs, it will be up to the board to decide whether or not your fence complies violates any aesthetic standards that may apply.
How to Deal With Disputes Over Boundary Line Fences
Did you know that, unless there is an express legal agreement to the contrary, fences on boundary lines are the property of both neighbors? This means that even the most stubborn neighbor fence disputes can be solved in a manner that doesn’t need to involve the court system. In most cases, both neighbors are responsible for the upkeep and renovation of the fence that forms the boundary line between their two properties.
If a fence should require some major renovation, or if the entire fence needs to be replaced, it’s an excellent idea to do so in conjunction with your neighbor. For example, you may agree to split the cost and cooperate fully in the matter of repairing or replacing it. This is an excellent way to build good will and trust with the person on the other side of your boundary fence.
Fencing Laws and Your Neighbors
Has your neighbor built a fence that encroaches on your property? If you feel that the property next door is in violation of local fencing laws and your neighbors disagree, you’ll need to find a mutually beneficial solution. Luckily, there are plenty of ways for the both of you to compromise and come to an agreement that will satisfy both parties. There’s no need to go directly to the zoning board or court system. As long as you know your rights and can back up your case with adequate proof, you should be able to resolve the situation in a safe, efficient, and responsible manner.
How to Deal With Fencing Laws And Your Neighbors
When it comes to dealing with fencing laws and your neighbors, you need to move with extreme caution. You don’t want to go over there and start reeling off fencing laws unless you really do have an adequate idea of what you are talking about. This is not an area in which you can afford to be hasty or shoot your mouth off. Your goal should be to resolve the issue in a peaceful and respectful manner without having to involve threats of an impending lawsuit.
Who is Responsible for a Fence that Stands Between Two Properties?
If the boundary of your property from that of your neighbor is divided by a fence, you may well be wondering who is responsible for its upkeep. This is all the truer if your neighbor has suddenly erected this fence without informing you beforehand. The case becomes even more complex and potentially annoying if you should feel that this fence encroaches on some of your own property.
As it turns out, it is the responsibility, first and foremost, of the person who put up the fence to comply with all city, county, and state zoning laws. Beyond that, if both parties agree to the presence of the fence, it will fall upon both of them to bear the responsibility for keeping the fence in good repair. This means that, should repairs or renovations be necessary, the both of you will need to split the cost. This is why it’s so important for you to “speak now or forever hold your peace” if you do not agree that the fence needs to be there in the first place.
Can You Make Your Neighbor Take Down a Fence that is Too Ugly?
If the main issue concerning your dislike of the fence has to deal with the fact that it is unsightly, you have several options. It’s important to realize that the real issue is not the aesthetic value – or lack thereof – of the fence itself. It’s the damage that a potential eyesore can do to neighborhood property values, including your own property. No one wants to move into a neighborhood where ugly objects litter the landscape.
You can contact the zoning board to get a ruling on the matter. However, if the decision of the board is that the fence does not violate their aesthetic laws, you’ll pretty much have to let the matter drop. You will then have to find some other way of proving that the fence is in violation of your own property, or of local zoning laws.
What are the Best Ways to Deal Constructively with a Fencing Issue?
There are plenty of ways to deal peacefully and legally with a fencing issue. Some of these methods include, but are not limited to, the following:
- Write a letter to your neighbor.
- Arrange a mediation meeting with a legal representative present.
- Arrange for a visit from a professional “fence viewer” to determine if the fence needs renovation.
- If repair work is needed, do it yourself and send the bill to the neighbor.
- Contact your zoning board to request a ruling.
- If all else fails, take your neighbor to court.
Property Boundary Lines
When it comes to fixing property boundaries lines, you’ll need to know what you’re doing. This is one area in which you can’t afford to be half right. If you feel that your neighbor has somehow encroached on your property, you need to know how to properly address the issue. On the other hand, if you are about to build a fence or an addition to your home, you will also need to know precisely where your boundaries lie so that you will not infringe on property owned by your neighbor.
What are Some of the Reasons You Would Need to Know Your Exact Boundaries?
There are a great number of reasons why you might want to find out where your property boundaries lines lie. These reasons may include, but will not be limited to, the following:
- You want to dispute the placement of a neighbor’s fence.
- You want to stop a neighbor building something that encroaches on your land.
- You want to clear your grounds off and need to know where your boundaries end.
- You want to build on to your home.
- You want to build a shed or barn on your property.
- You want to stop a neighbor from tearing down a fence you built.
Where Can You Go to Find Information Concerning Your Property Boundaries?
If you are searching for information concerning your property boundaries lines, there are a number of places you can check. If you know how to read a land survey, you can request a copy of it from the office of your local city clerk. They are required to keep these documents on hand at all times. However, if you are not equipped with the skills to correctly read a land survey, you may not really get all that much out of it.
You May Need to Hire the Services of a Professional Land Surveyor
You can hire a licensed land surveyor to come out to your property. This is the best solution for most land owners to adopt. After perusing all of the relevant documents, they can then place markers on your land that will highlight the exact areas where your property begins and ends. You can find a licensed land surveyor in your area simply by consulting your Yellow Pages or the Internet. It’s a good idea to do a bit of price comparison research so that you can be sure you are getting the best deal.
How Much Will a Professional Land Surveyor Charge for the Job?
Professional land surveyors tend to charge by the job. The total cost of the work may vary due to many reasons. For example, if the surveyor is required to start from scratch because adequate records no longer exist, the job may take longer and thus cost more. If your property is filled with difficult geographical features, such as rocks or marshy ground, the job will be harder to do and will, therefore, involve a higher fee. The average cost of a full land survey may cost anywhere from $500 to several thousand dollars.
How Can You Resolve a Dispute Over Your Property Boundary Lines?
Once you have determined exactly where the boundary lines of your property lay, you can move into action. If you have undertaken this survey to find out if a neighbor is encroaching on your property, you will now know whether or not this is truly the case. If it is, you should try to meet with your neighbor and make every effort to resolve the issue in a peaceful and mutually beneficial manner.
If the manner cannot be resolved through an initial meeting, you may need to submit the matter directly to your local zoning board. If the board cannot come to an agreement that satisfies both parties, you may need to file suit and then take the matter to court.
Has a neighbor recently put up a new fence on their property? Do you get the feeling that some of that fence is actually on part of your land? When a neighbor erects any kind of structure, whether a fence, a wall, or a billboard, this is a clear infringement of your rights. If this has recently occurred, you may be dealing with a legal issue known as property encroachment. You have every right to confer with your neighbor over any concerns that you may have over this issue. You also have the right to take up the matter with your local zoning board or to pursue it in court if necessary.
When Can You Be Sure That Your Property is Being Encroached On?
There are a number of scenarios under which you may consider yourself to be the victim of encroachment. These may include, but will not be limited to, the following:
- A fence that extends into your yard.
- A wall that extends into your property.
- An extension to a neighbor’s house that cuts into your property.
- A political sign or billboard that lies partly on your property.
- A shed or barn that extends on to your property.
- Special fencing for animals that extends onto your property.
Why is It So Important to Know Exactly What Your Boundaries Are?
Before you take steps of any kind, it’s an excellent idea to know exactly where your boundaries are so that you don’t make a serious mistake that could land you in serious legal trouble. You don’t want to threaten a lawsuit or any sort of personal action against your neighbor. You also don’t want to make wild or extravagant claims concerning the size and value of your property, as these may backfire on you. The more you know about the exact extent of your property, the better prepared you will be to come to a friendly and productive resolution to the issue.
What Can You Do If You Are the Victim of Encroachment?
If you feel that your property has been encroached on, there are a number of remedies that you can have recourse to. As noted above, the first recommended action will be to have a talk with your neighbor in order to see if you can resolve the issue without having to bring in the zoning board or legal system.
If a sit down with your neighbor doesn’t lead to an acceptable agreement, there are other ways to resolve the issue. For example, you may consider to lease or sell the area of your property that their fence or other structure infringes on. If you really wish to alter or remove the structure, you can put in an offer to lease or purchase the area that it lies on.
What Should You Expect if the Issue Ends Up in Court?
If all else fails and the infringement dispute ends up in court, there are a number of things that you should be prepared for. First of all, you will need solid legal proof that you really do own the property in question. Without this proof, you will have no legal ground to stand on. You may end up being compelled to pay damages to your neighbor.
Next, you will need to prove that your neighbor really is using the land in an improper fashion and that any structures that they have placed upon the area need to be removed. If you win the case, you can have the court force your neighbor to remove the structure.
However, should you lose, your neighbor may win the outright title to the area. They could also get the court to grant them a prescriptive easement. This means that the court allows them to use the area in question for the purpose of keeping the structure in place. For these reasons, it’s an excellent idea to be sure of what you’re getting into before you file your claim in court.
top 8 reasons to have your property surveyed
It’s hard to dispute a case of encroachment or build anything new on your property if you don’t know where your boundaries begin or end. This is the reason that you need to hire a professional to make a property survey on your behalf. Armed with the results of such a survey, you can dispute a neighbor’s right to build a fence on your property. You can also build a barn or shed in your back yard or add on to your home, secure in the knowledge that you aren’t infringing on anyone else’s property.
Here is a list of 8 of the most important reasons that you should get a professional land survey for your property.
- A Survey is the Best Way to Solve a Boundary Dispute
If you are not sure where your property begins or ends, the best way to figure it out is to get a property survey done by a professional. Once you know where your rights lie, you can enforce then with the full backing of the law.
- Knowing Where Your Boundaries Are Will Keep You Out of Court
As mentioned above, it’s an excellent idea to get a property survey done so that you can legally dispute any action that seems to promise an encroachment on your land. Likewise, a full survey can also prevent a neighbor from hauling you before a judge in order to answer for what they feel is an infringement of their property boundaries. Once they realize they don’t have a legal leg to stand, they will very likely drop the case.
- When You Build a Fence, You Need to Know Where Your Boundaries Lie
You can’t just go building a brand new fence on your property without knowing exactly where that property actually begins and ends. A professional surveyor can make the determination for you so that there is no cause of dispute between you and your neighbor.
- A Land Survey Can Help Keep You from Paying Higher Taxes
Another excellent reason to do a full land survey is to keep yourself from moving into a higher tax bracket or being taxed extra on your existing land. Your city, county, or state government may actually be charging you taxes at a rate that is based on faulty information. A land survey may help to clear the matter up.
- A Survey can Help Make Sure You Have all the Land You Deserve
A subdivision will parcel out a certain amount of land to each home buyer. Occasionally, a specific home may be built on a plot of land that covers less than the buyer was promised under the terms of the deal. A survey is an excellent way to sort the matter out and prove or disprove your suspicions in this regard.
- Having A Survey Done is a Good Idea Before You Buy a Home
Before you sign on the dotted line, arrange for a survey of the property. This is the best way to make sure that you are really getting everything that the initial agreement promises.
- A Survey is A Good Idea Before You Sell Your Home
Before you sell your home, have a survey done. This will enable you to back up any and all claims that you make on behalf of the property that is attached to your home. It may also raise the resale value of your home. This will enable you to ask for a higher price when it comes time to sell.
- A Survey is a Good Idea Before You Make a Major Property Addition
Finally, before you go making a major addition to your home, such as installing a pool or tennis court, you will want to know exactly where you can and cannot place such a feature. This is the knowledge that will keep you from a dispute with your neighbor that could escalate to a costly legal battle.