|
Boundary lines between properties are described in the property
description
in your deed. Before you build a fence or any other structure on your
land
which is near or on the boundary separating your property from your
neighbor's property, you need to be certain of your property's
boundary
lines. If you mistakenly build a fence on your neighbor's property,
you
could be responsible for trespassing and a court could make you tear
down the
fence. If you are unsure as to where the boundary lies between your
property and that of your neighbor's property, there are several
things you
can do to resolve the problem.
If a survey was done when you purchased the property, this description
of the
property would show your actual boundary lines. Often, however, there
are
cases where the description of a property was originally recorded many
years
ago, even decades ago, and that description may not be entirely
accurate. The
property description on your deed is normally in metes and bounds, by
a
government survey system, or by a reference to a recorded map. It may
not
detail boundaries that a survey would reveal.
One solution is to order an up-dated survey which would reveal the
actual
boundary lines. Another alternative would be to file a quiet title
lawsuit
whereby you would ask a judge to determine the boundary lines of your
property. This procedure is generally more expensive than a survey
due to
the legal filing fees. A less expensive alternative would be to meet
with
your neighbor and to agree on a physical object, such as a fence or a
large
tree which would serve as the boundary line between your two
properties. You
and your neighbor would then sign a quitclaim deed and grant to the
other
neighbor ownership to any land on the other side of the line you had
agreed
upon.
If you neighbor starts building on property which you feel is on your
land,
you would need to notify your neighbor immediately. If construction
is
allowed to continue, you could risk giving up your right to that part
of your
land. By a procedure called prescriptive easement, the court allows a
party
using your land, if uncontested for a specified number of years, the
right
to the use of that land indefinitely.
If you obtained a mortgage when your purchased your property, the
lender
generally requires that a survey be performed. It is always wise to
walk the
property,with survey in hand, prior to closing on the property. You
may not
anticipate adding a fence or other structure at the time of purchase,
but you
may want to in the future, and determining your exact boundary lines
at the
time of purchase will prevent any potential problems.
|
|