Fence Property Line Encroachment

They finally showed it to us and it was a weird section of the other neighbors fence that was over what they assumed was their property line by less than half a foot over for about one foot distance. Suppose a neighbor is unclear about a property line and places a fence a foot into another's property. The fence you had erected was done so on our property and encroaches upon our land both by recorded deed and survey. The following exception from coverage must be made:. Perhaps his fence is two feet over the property line, or the How to deal with neighbors that encroach on your property. Before a disagreement gets out of hand, review Indiana's property line and fence law to better understand your rights and responsibilities. I finally hired someone to put in a 6’ wooden fence completely inside my property line. It is assumed the use of land and improvements is within the boundaries or property lines of the property described and there is no encroachment or trespass unless otherwise stated in this report. The applicant should install a string(s) along the property line(s) between property corners to prepare for the required final fence inspection. A title search will find all recorded documents in the chain of title of your property, and will show if there are any easements or deeds that may affect your ownership interest in the property. It turns out that our neighbor has a retaining wall that extends approximately 3 feet into our property. Surveyors use other terms to describe property encroachment : Overlap – this occurs when properties or items in question extend over or cover a part of another property. Can I? - bankshotone: 1/17/2018 20:49 RE: Need to build a fence on property line to prevent encroachment. Easements (also called rights of way) enable the operating units of American Electric Power (AEP) to use another person’s property to construct. Paul, MN area require that fences be built inside of your property lines and do not encroach on neighboring properties. Other disputes arise over trees, water drainage, the location of property boundary lines, retaining walls, joint fences, or the encroachment of structures or buildings mainly located on one property across or upon the legal boundary over or onto the other property. But in reality, it's far more complex. A neighbor on the north side had some work done. Size: How much does the fence or building intrude? If encroachment is minimal, barely affecting property values or use, the court is more likely to grant an easement or transfer of title; and; Practicalities: How costly would the removal of the fence or building be for the owner, in terms of expense and use?. Building specifications need to take property encroachment into consideration. What is an encroachment? An encroachment is an improvement, such as an overhanging gutter, a stretch of fence line, or the wall of a building, which belongs to one neighbor but extends, wholly or in part, onto a property owned by another party. The survey and title insurance may disclose an encroachment such as a driveway crossing the property line, whether it be the neighbor's driveway crossing on to the parcel being purchased or the driveway of the parcel being purchased crossing over into the neighbor's property to reach the public street. Where this new fence meets the existing side fence, there is the gap of about 4 inches where this "new" front side fence meets the existing side fence on the entire west side of the property line. "Nine foot encroachment of shed and concrete pad over the northerly lot line onto adjoining Lot #76. Wireline/Pipeline Encroachment Planning Guide & Construction Procedures Preparation of Construction Drawings for Review Process. Utility Encroachment. , things that are over the property lines. Property > House & Home `Hands off that fence or you'll be hearing from my solicitor' Confrontation is not the best strategy, says Stella Bingham. Your fence must be set at least a foot from your property line on your residence. Among the approaches that you could take is negotiating with your neighbor to determine whether you can reach an agreement that addresses your common interests and is drawn with consideration of your differences. Property line disputes can and do arise as between adjoining land owners. similar legal means, may place an encroachment in front of a property without written permission of the adjacent property owner. How is a boundary line problem identified? There are a few circumstances when a boundary line gets a closer look. We ran into a possible encroachment issue on a triple net Rite Aid deal. The person who is buying my house had my property surveyed and it appears that the fence is about 3 feet inside my property line. Start studying Real Estate - Ch 8 - Encumbrances and Liens. In 1999 Lee decided, with the Southerns' permission, to erect a partial fence to mark the property line between Lots 13 and 14. Then they planted bushes inside their new fence but still on my property. A fence encroachment can occur when you discover a fence was built or is being built on your land. The elements of this equitable doctrine of “relative hardship” are that (1) the encroaching defendant must be innocent, meaning not willful or negligent, (2) the plaintiff will not suffer irreparable injury by continuing the encroachment, regardless of the injury to the defendant, and (3) the hardship to the defendant if required to remove the encroachment must be greatly disproportional to that which would be suffered by the plaintiff landowner if the encroachment were allowed to continue. For example, your neighbor could build a new deck, which stretches over several inches of your property, or you could discover that the fence in your backyard encroaches onto your neighbor's property by several feet. Email us at [email protected] As we get out there and trim limbs (from the neighbor's big oak tree), mend the fence (which is actually the neighbor's), and try to clean up unsightly encroachments on the line, we become aware that the guy next door hasn't kept up with his property and now the problem is personal. Relocation of an encroaching fence, or a properly drawn fence line agreement can settle issues that may otherwise be unresolved for many years. Once this is done and any trees and brush are removed, you are ready to establish the fence line. AEP Ohio’s lines. 3 meters where the fence creates an enclosure - encroaching to the back of the sidewalk or to 1. How to Dispute Existing Property Boundaries. An encroachment is when a neighbor puts up a structure that intrudes on (or over) your land. Disputes between neighbors on fence and property line location are not arbitrated by the Building Inspection Department. Rather, Georgia Land Surveying verifies the property line measurements against the recorded deed, then marks your property line with wooden stakes placed 50 feet apart (or closer or farther, as you require). "Partition fence" includes a fence that has been considered a division line between two such properties even though a subsequent land survey indicates that the fence is not located directly on the division line. Recently, the neighbor told me he was installing a wood fence along the wall. One common form of trespassing is when a neighbor's driveway or fence encroaches onto someone else's land. In addition, a person injured by an illegal encroachment in a highway accident may have. A fence on the boundary line between two properties is known as a/an: Selected Answer: a. If you or your neighbor want to fence the property or build a structure close to the line, you need to know where the boundary line actually runs. If not, you can build to the edge of your property line, leaving a gap between the two. The following listed information can be used to aid in the preparation of construction drawings and will expedite the approval of the drawings by the railroad. His neighbor was going after the propery left unintended under adverse possession. Property line disputes may be the most common boundary controversy that comes to the attention of city officials. An encroachment occurs when your neighbor intrudes on or over land with some kind of a structure, such as a fence or a deck that veers across the boundary line. Encroachment of fence on property. In other cases, encroachments can be prevalent along an entire street where original boundary pegs may have been removed causing consecutive boundary lines to be incongruent with the land title boundaries. Sometimes even a hedge can act as a boundary. AGAINST ENCROACHMENT RISKS • All policy forms automatically give broad coverage against the risk of encroachments. to be erected. What is an encroachment? An encroachment is an improvement, such as an overhanging gutter, a stretch of fence line, or the wall of a building, which belongs to one neighbor but extends, wholly or in part, onto a property owned by another party. Fence (Allegedly) Crosses a Property Lines. I also told the guy who owns the tree what the hazards are in the tree and if she wants to proceed with pruning the tree back over the property line, she has the right to do so at her expense. Now that the simple questions are addressed, let us delve into the much more complicated area of long periods of fence encroachment on adjacent properties. What if I own a structure on GRDA property? If you have a structure built on GRDA property it may qualify for a License to Encroach. The best thing you can do about possible boundary disputes or encroachment is identifying the accurate placement of your property boundary lines. Easements (also called rights of way) enable the operating units of American Electric Power (AEP) to use another person’s property to construct. Suppose a neighbor is unclear about a property line and places a fence a foot into another's property. Property line disputes needn't become Hatfield-McCoy feuds. from the adjacent finished grade and located at the 1st story. The purpose of a property line adjustment application is to review changes in property lines when no new lots are being created. These decisions have determined that one's property line extends upward into the sky and downward into the ground, like an invisible line. This can be a mistake in compact older residential areas where side yards are small or with any property that is bounded by a neighbor's fence. Disputes With Neighbors Over Real Estate Boundary and Property Lines Over Real Estate Boundary and Property Lines. Sometimes, property owners may be concerned that adjoining neighbors are “encroaching” on their property and further, that such encroachment, or trespass,. Even though it seems like knowing where your property ends and where it begins is a no-brainer, it can get complicated. Branford neighbor dispute centers on property line. Maximum fence height of 4’0” is permitted in the required front yard, and a maximum of 6’0” is permitted in the side yards and. Explain that you are giving the neighbor notice that she needs to remove the encroaching structure. If I needed to fix my fence or wanted to walk around the fence line to get to the back that’s not fenced, I would have to actually step onto the road to walk around the pole. Recently I built a fence which stands a few inches inside my property. I would like to put a French door. Many purchasers of residential real estate do not engage a surveyor to survey the property before purchasing it. 9 million house across the property line, on. However, if this breach of property line meets Washington’s requirements for adverse possession, the new sliver of property that your fence has annexed can essentially become yours over time. I have read, understand and will comply with the exceptions and permitted encroachments provisions and the fences or walls in a. It turns out that our neighbor has a retaining wall that extends approximately 3 feet into our property. If the applicant is either a public utility company (PG&E, AT&T, San José Water Co. Yes, they can refuse. Other times, property encroachment is deliberate, such as when neighbors have a difficult relationship and build fences where they have no legal right to do so. This includes disagreements about boundary lines, fences, and tree trimming. However, if it is your fence, it should be properly maintained by you. Must the encroachment over the boundary line be removed or may it legally remain in. You might decide that your neighbor’s encroachment. He sold the house last year. Because this is a tangible survey with visual results, no survey map or plans are provided with property line staking. Otherwise, the surveyor must follow the explicit instructions contained in the deed while. Where a fence is on the property line between you and your neighbor, the law states that expenses should be shared for installation and repair. FORT LAUDERDALE, Fla. Encroachment of boundary lines may lead to a boundary dispute or an adverse possession claim. When construction or utility installation is proposed within the limits of NCDOT right-of-way, an encroachment agreement is required. Fence dispute -- did we do the right thing? the fence was over the property line by 4 inches, but the fact that the fence had been there 25 years meant that she'd. Encroachments may be sheds, driveways, curbs, roof overhangs, eaves, retaining walls or fences. By Clint Wilson and Kent Burton. I realize I could have the wall removed or run the fence to avoid the wall. If different from Encroachment Owner above, documentation of property owner’s permission (e. What it takes to win an adverse possession claim probably because our 1988 project was contained well within the property line, and the fence and property. Concrete Work Encroachment Permit Application. Once an encroachment has been identified, property owners are obligated to resolve the encroachment issue, regardless of whether they are willing to accept a non-compliance report on their property. Amicable resolution to ths problem isn't an option. Accurate report-ing and description is essential if we are to serve our clients well. Knowing where your property boundaries are in the ground is essential when development on a property occurs. “as a legal interest in real property that grants the right to use in some specified manner the property of another. I routinely hear people say 20 feet, 50 feet, or 100 feet wide, but no one is really sure. A survey plan enables a property owner to identify encroachments and seek professional advice to remedy the situation. The fence was installed by the previous owner of our lot who still lives adjacent to us. If it is a section of the building that is encroaching, then removing that section may be the easiest route. , your land) is one of the most important pieces of property you own. It is important to understand the specific property line fence regulations to avoid having to deal with any fence on property line violations. Do you have a. At the end of negotiations, you still have to live next to these people. When it comes to property disputes, Metzger said most boil down to "what we call encroachment over a slight part of the boundary lines. A permit must be obtained prior to beginning fence construction. Florida Fence and Property Law: Easements and Rights-of-Way 1 Introduction With over 3,000 livestock farms in the state, along with horse farms, orange groves, soybeans, sugarcane, cotton, peanuts, and many other such agricultural and livestock facilities, livestock and farming have a significant impact on Florida s economy. Unfortunately, however, some Arizona property owners may not be respectful of their neighboring property owner's rights, and may, in some instances, encroach on another's property. AEP Ohio’s lines. Title to property is usually transferred by means of a deed. gov for front yard or side street lot line information only. Recently, the New Jersey Appellate Division, in the case of Scannavino v. Now that the simple questions are addressed, let us delve into the much more complicated area of long periods of fence encroachment on adjacent properties. It is acceptable then, under common law, that a property owner has the right to protect his or her property from encroachment. y mom purchased a home a couple of weeks ago. Re: Fence Line Encroachment. There are driveway easements that allow access to your property in the form of a short road or driveway. 8-11-2006] 23. Property lines may be changed to account for the location of fences, driveways, gardens and buildings. Our property is sloped at one point and is extremely wooded over half of it making it difficult to get a straight line for a fence. To learn more about boundary fences, including how they are defined, when a neighbor is allowed to build a boundary fence, and who is responsible for repairs and maintenance, see. When that fence encroaches over a neighbor’s property line, however, that good neighbor can turn nasty very quickly. If your neighbor has a fence, a structure or a new addition to his home that crosses your property line, this could end up becoming a boundary dispute. there are different types of fencing with varying thicknesses but i fail to see how anyone can erect a fence that far over a boundary. Encroachment request package must include all of the following: A check in the amount of $250 (payable to Santee Cooper) Name and mailing address of the person who will sign the agreement (if different from Encroachment Owner above). For instance, if a fence is built not on the property line - but actually strays onto a neighbouring property (and does so without any other legal justification) then the neighbour can both sue for damages in trespass. That's what a property survey helps. This includes disagreements about boundary lines, fences, and tree trimming. Dog runs are required to be a minimum of 8 feet from side and rear property lines, and, Twenty-five (25) feet from neighboring houses. Property owner is responsible for the true location of property lines and for. On parcels located outside the Coastal Zone, the Planning Administrator may approve an exception to allow fences or hedges to exceed the height. Easements (also called rights of way) enable the operating units of American Electric Power (AEP) to use another person's property to construct. " One is a property-line issue that results when a neighbor's concrete driveway extends beyond her property line and. This encroachment must be abated as to that portion of your fence that crosses over Dr. Adverse possession is a common law concept in Massachusetts under which homeowners may lose title to their. If you believe your neighbor’s fence encroaches onto your property, you may initiate private legal. In Illinois, most property line issues involve easements, boundary disputes and adverse possession. Filing an Affidavit of Previously Existing Fence: If a line fence existed within the past two years but has been removed, landowners may file an Affidavit of Previously Existing. The following listed information can be used to aid in the preparation of construction drawings and will expedite the approval of the drawings by the railroad. Can I? - bankshotone: 1/17/2018 20:49 RE: Need to build a fence on property line to prevent encroachment. Encroachment is the building of a structure partly or entirely on a neighbor’s property. spite fence Answers: a. Encroachments can lead to aggravating boundary line disputes between neighbors, but there is legal recourse. Many fences are built upon others' property by mistake, too. An easement can also be created without a formal agreement. In the next four paragraphs we will examine two relevant statutes as a background to understanding the case law that has evolved concerning fence and boundary lines. Your property plat should settle the argument. Recently, the neighbor told me he was installing a wood fence along the wall. Now comes a new neighbor (4 months new) and is starting to build up to the fence, presently an arbor type structure 6" by 6" beams. A survey may. Your neighbor's fence encroaches (not trespasses) on your property, so the first stem would be for you to write a demand letter where you state what the encroachment is and what reason you have for believing that there is an encroachment. The trees are large and drop dead limbs on my property. Every now and then, concerns may be raised about where a property line exists. A simple matter of an improperly placed fence, for example, might be rectified with a conversation between you and the neighbor. An encroachment can be found by a survey. If you are certain about the property lines, offer to review any documents from the neighbor that indicate there is a dispute over the line. The homeowner should have a staked survey of the property to ensure that purchase includes the land beneath the improvements — improvements being the home and all that goes along with it. 9 million house across the property line, on. Until the contrary is shown, the partition fence is presumed to be the common property. Real Estate - Encroachments Law and Legal Definition Encroachment is the situation that exists when a structure is built in whole or in part on a neighbor's property. Our fence was put up according to the original survey stakes, 23 years ago. The property I bought already had a fence so when this neighbor installed the new fence he just pulled the old 4x4 and re-installed with new fence. This issue might come up if, for example, one of your neighbors were to build a shed that is partially on your property, or expands his house so that a porch ends up on your property. PROPERTY LINE STAKING. Structural encroachment happens when a part of a certain building steps over the property line of another property. similar legal means, may place an encroachment in front of a property without written permission of the adjacent property owner. Linked to Fence Property Line Encroachment, You've got work deadlines but all your family members is crying for focus. Encroachments in the Public Right-of-Way “Right-of-Way” is the area between neighboring properties and includes street surfaces, curbs and sidewalk, and also frequently includes additional areas on either side of the sidewalk. I like using the term "apparent encroachment". Property encroachment can occur due to survey errors in determining the boundary lines. There are driveway easements that allow access to your property in the form of a short road or driveway. While the fence owner had no right to encroach over the boundary line, that encroachment still does not give the neighbor license to unilaterally move/destroy it. A number of years ago I replaced the fence that enclosed my back yard. Even more troubling, the overhang from the trees prevents production from about five rows of my crops. It can be anything, such as a fence, a railroad, landscaping, a parking lot or building. We have no interest in paying for a new fence, or having to keep our family corralled up while a new fence is built. The applicant should install a string(s) along the property line(s) between property corners to prepare for the required final fence inspection. The case involved a dispute over a strip of land between two houses on Johnston Ave. Olivard, 482 S. 045 Light and air easements. It's spelled out clearly in 4150. ”[2] By way of further example, the town of Merrimac has a “‘Good Neighbor’ Fence Policy” which advocates, among other things, that you discuss your plan with abutters before doing any work, verify the property line and construct the fence about one foot. As a homeowner, you may have to deal with two types of "driveway encroachment. similar legal means, may place an encroachment in front of a property without written permission of the adjacent property owner. Encroachment Policy Update. Minor encroachments might consist of a fence, portable outdoor shed, doghouse or garden spot that crosses a property line. The Hartwell Project has 840 miles of boundary line. Real property is often hard to define because it does not always follow clear boundaries or lines. You should try to locate your. Property line disputes are common, and the law regarding these issues varies by state. Our neighbor is also looking to move this fence into the 'true property line' as it current rest only on his property (A survey would seem to be in order to confirm this). Both parties must agree, and he cannot come onto your property without permission to erect a fence that is truly on the property line. Generally, such disputes occur over neighboring properties where property lines aren't clearly defined or visible. Zero-Lot-Line House: A zero-lot-line house is a piece of residential real estate in which the structure comes up to or very near to the edge of the property line. That's what a property survey helps. In addition, a person injured by an illegal encroachment in a highway accident may have. If the subject deed contains such language as "thence with a fence", "along a fence" or "following a fence" then it is a safe bet that the fence is the property line if the fence in question is the original fence called for in the conveyance. It is recommended that if a fence is going to be placed on or near a property line, then should be performed to determine the exact locations of any property corners. The fence was installed by the previous owner of our lot who still lives adjacent to us. But the good news is, there are other ways to find out, once and for all, what you truly own when you own land. Your real property (i. Quick Look: Indiana Property Line and Fence Laws. The encroaching neighbor (referred to. I then got a new survey with bright lines marking where the line is. Injunctive Relief for Building Encroachment. Any fence over 3 feet high shall be located behind any required landscaped front or exterior side / rear yard. If different from Encroachment Owner above, documentation of property owner’s permission (e. In other words, build the fence one or two inches inside your property line. Before anyone says talk to a lawyer, I plan to. Completed Variance Application with Affidavit to Authorize Agent, if applicable. According to Brian, Sourk was shocked to learn about the property-line discrepancy and agreed to obtain a professional survey to determine the true property line. Let's take an example of a property in Maryland under contract to be sold where the improvements consist of a house with a. You can't just build a fence on the property line and then force him to pay for half. Amicable resolution to ths problem isn't an option. the finished fence. Unfortunately, however, some Arizona property owners may not be respectful of their neighboring property owner's rights, and may, in some instances, encroach on another's property. If that is not possible, we recommend that you construct your fence within your property. Adequate sight distance shall be maintained. Property line disputes between adjacent property owners give rise to many issues including the parties’ respective rights regarding trespass and nuisance claims. spite fence b. A developer just purchased some land behind and next to ours. This agreement is used when the applicant (the second party on the encroachment agreement) is installing the utility and the third party on the agreement will maintain the utility. Irrespective of whether you are aware that the offending fence encroaches onto your property, if you allow the encroachment to persist for a period of ten years or more, your neighbor may have a claim for adverse possession of that piece of your property. I assume a survey of the property has been done? If no, get one so you know exactly what you are up against. Encroachment Policy Update. Over the fence are your neighbours. Handley, 97 Cal. An encroachment can be found by a survey. You and your neighbor may disagree as to where you should place a fence, whether a tree falls on your property or your neighbor's property or simply where your neighbor should be allowed to plant their vegetable garden. 2068 § 2 (Exh. In evaluating this property for purchase we found that the front steps are over the property line and encroach on. When Will a Court Order That an Encroachment on Adjacent Property be Removed? fence, the Land Court and extends over the line. Major Encroachments. When facing a property line dispute, take a deep breath before jumping to conclusions. , things that are over the property lines. I showed them where the line was. Trees Over Property Lines in Virginia steps to his house ineffectual due to root encroachment. At the end of negotiations, you still have to live next to these. encroachments of one foot or less on adjoining property by eaves or other overhanging projections or by driveways, as long as there is at least a ten-foot clearance between the buildings on the security property and the property line affected by the encroachment;. What is a property line? A property line is a legal boundary line that defines your property and separates it from your neighbor’s. If property encroachment is not challenged or resolved immediately, the landowner might lose the encroached property due to the Adverse Possession Law. I assume a survey of the property has been done? If no, get one so you know exactly what you are up against. In addition, a person injured by an illegal encroachment in a highway accident may have. Perhaps you have an encroaching neighbor's tree or fence on your property, which was not discovered until a surveyor was recently hired. Both neighbors treat the fence as the boundary for a number of years. While the fence owner had no right to encroach over the boundary line, that encroachment still does not give the neighbor license to unilaterally move/destroy it. Can I just move my fence if a survey of my property shows that the current fence is not on the actual boundary line? In Missouri as in other states, a boundary fence that has been in place for 10 or more consecutive years can, in effect, become the boundary by the legal doctrine of adverse possession (RSMO chapters 516 and 527). chain link, vinyl, block, etc. Encroachment Suggestions. If so, and your neighbor connected to that fence, then they are probably in violation of that buffer. When the owner of the property wants to stop it, they may file an action for a permanent injunction prohibiting the use. When boundary or encroachments disputes arise, a little known legal doctrine often comes into play: adverse possession. Otherwise, the surveyor must follow the explicit instructions contained in the deed while. 1 Minimum Property Standards: Encroachment, Power Lines, Property Access. Boundaries: The Straight Line By David Hamerslough. Your real property (i. Property line survey and boundary encroachment disputes occasionally become headlines in the news. Where a permanent fence is installed on a property line, make sure of the exact location of property lines. Many of these improvements will be dimensioned and will have ties to the boundary lines. Rowhouses, garden homes, patio. Fence Responsi bilities. If the fence is truly on the property line, it is the responsibility of both parties to maintain any fence; I would say that extends to building any fence. A fence can be built anywhere the fence buyer desires. Fence dispute -- did we do the right thing? the fence was over the property line by 4 inches, but the fact that the fence had been there 25 years meant that she'd. Either the neighbour whose fence or building crosses the property line, or the d upon, may apply to the Supreme Court for a resolution. The Equitable Shares Rule applies for both methods. If the subject deed contains such language as “thence with a fence”, “along a fence” or “following a fence” then it is a safe bet that the fence is the property line if the fence in question is the original fence called for in the conveyance. This is especially the case where homes are built in close proximity. spite fence Answers: a. Encroachments An encroachment is an intrusion upon the property of another without that person's permission. When the owner of the adjacent property comes, he can do what he wants with it. Property line disputes between adjacent property owners give rise to many issues including the parties’ respective rights regarding trespass and nuisance claims. , is not allowed in residential areas. They have a survey. For example, the previous owner of your property may have granted an. Generally, a partition fence is built equally on both sides of the line. Homeowners across Harris County are getting letters saying their fence, shed, and in some instances their swimming pools are encroaching into property owned by the Harris County Flood Control. Encroachments. your front or side street lot line is located in relation to the curb or edge of pavement. and relocation of the _____ fence, the parties agree to record a Termination of Encroachment Agreement against the _____ and _____ premises to remove this agreement of record. The brief answer is that the fence is "owned" by the owner (or the predecessor in title) who constructed it, even if it encroaches onto the neighbor's property. If your neighbor has a fence, a structure or a new addition to his home that crosses your property line, this could end up becoming a boundary dispute. The first step to dealing with this is to talk to your neighbor and then compare deed copies. The City Engineer has the authority to determine which encroachments pose too great a risk to remain in place. You might or might not have known that by building your fence where you did, you essentially expanded your yard into your neighbor’s property. Still the fence stood. Fence regulations. Setback requirements change over time so. link, vinyl, or wrought iron. I know it when i bought the property. With respect to height, most local residential and planned development rules usually restrict backyard fences to a height of six feet, and front yard fences to a. a driveway extending beyond the lot line onto the neighbor's land a fence built beyond the property line Encroachments cause infringements on the rights of the trespassed owner, and may diminish the property's value, particularly when the property is to be sold. You might seek relief under the Property Law Act where you discover after many years, for example, that part of your drive way is actually on your neighbour's property. It is about 5 feet into our property line. Zoning regulates the form, size, shape, height, and mass of structures on land in Montgomery County. • Improvements located over the property line onto a neighbor’s property or from a neighbor’s property onto the property to be insured How to Add Coverage: Endorsements such as Survey Deletion Coverage and T-19. Recently I built a fence which stands a few inches inside my property. Question: I have just realised my next-door neighbours have purloined a strip of my garden. Apparently the property line has been an ongoing issue between the old owner of our house and this guy on the other side of the fence. Boundary/Property Line Disputes. Ask your surveyor to create a detailed map showing your property lines and the encroachments. I then got a new survey with bright lines marking where the line is. " Easement or. If you don't mind the encroachment onto your property, you may leave that portion of your fence as it stands. A developer just purchased some land behind and next to ours. A neighbor on the north side had some work done. Do I Have to Move the House? where a land owner mistakenly built a $1. chain link, vinyl, block, etc. If any animals are being kept within this fence, the owner will be responsible for repairing the damage of said animal to the aforementioned fence. The doctrine of adverse possession has a long history in New York as a means of resolving property boundary disputes between neighbors: If a person were to build a structure on someone else's property and no complaints are made for ten years, the property becomes theirs. The encroachment of the neighbor's fence and subject property fence are not insurable. and relocation of the _____ fence, the parties agree to record a Termination of Encroachment Agreement against the _____ and _____ premises to remove this agreement of record. Title insurance will not cover this, nor will the lender accept responsibility. Property clinic: is the neighbour's fence on my land? This will help you to identify whether your suspicions regarding the encroachment are correct. Fence Encroachment. The encroachment may constitute a trespass or a nuisance. Among the approaches that you could take is negotiating with your neighbor to determine whether you can reach an agreement that addresses your common interests and is drawn with consideration of your differences. Irrespective of whether you are aware that the offending fence encroaches onto your property, if you allow the encroachment to persist for a period of ten years or more, your neighbor may have a claim for adverse possession of that piece of your property. The first issue that often must be explored is whether the encroachment is temporary or permanent in nature as California law distinguishes between the two. If you or your neighbor want to fence the property or build a structure close to the line, you need to know where the boundary line actually runs. Once an encroachment has been identified, property owners are obligated to resolve the encroachment issue, regardless of whether they are willing to accept a non-compliance report on their property. The property owner retains ownership of the area covered by the easement. Like good fences, good encroachment agreements can make good neighbors. Though no agreement existed, the owner did not complain over the years. For questions, contact 519-747-8785 or [email protected] You may be prosecuted by the property owner with the encroachment if you destroy their property.