Do you need a property survey for a fence line?

Do you need a property survey for a fence line?

This scenario is especially problematic when a purchaser has acquired a piece of property under the assumption that the fence is “obviously” the boundary therefore they believe no property survey is needed. Warning: Never take the word of a real estate agent or an existing property owner about where the boundaries lie.

When does a fence line become a legal boundary?

If the fence line, tree line, driveway or other demarcations have been treated by both sides as the boundary line for at least ten years, that line will be deemed to be the legal boundary even though it differs from the actual surveyed boundary line.

Is it common for fences to vary from property lines?

Since it is quite common for fences to vary from actual property lines, special attention should be given if you are acquiring property with existing fences, as well as if you install new fences during the course of your ownership.

Why are farmers erecting fences on their land?

Dozens more are injured, some seriously. Some farmers have taken extreme measures to keep people away from livestock – erecting steel fences on their land to ensure ramblers and dog walkers do not stray from public crossings. No farmer wants anybody to die on their farm.

Can a fence be built without a land surveyor?

When in doubt, hire a land surveyor to mark the exact property line. MYTH 3: I can build my fence on the property line without a survey. Even when you’re sure you’re building only on your land, it’s always wise to protect your investment by making sure that you know exactly where the property lines are.

How did the surveyor come up with the fence line?

“Although the fence was not mentioned in any description of record, and had a “bow” in it, it showed signs of such antiquity that [the surveyor] concluded that it had been accepted as a boundary…”

Is it true that fences are more accurate than surveys?

The reality is, the older the fence, the more likely it is to be encroaching, simply because survey records weren’t as accurate a hundred years ago as they are today. Fences, especially those built decades ago, are only an approximation of where the property line is or was thought to be.

Since it is quite common for fences to vary from actual property lines, special attention should be given if you are acquiring property with existing fences, as well as if you install new fences during the course of your ownership.

Can a neighbor keep a fence over the property line?

Answer. For a nominal amount (say, $15 per year), they can keep their fence over the property line and use that three-foot strip. So, if in 20 years, your neighbors run to court to claim adverse possession, you’ll be able to defeat their claim by introducing evidence of the rental agreement and annual payments.

What does it mean when someone builds a fence over your property?

In your situation, your neighbors have constructed their fence in the light of day, for anyone to see, and are occupying those three feet of land exclusively. This means that their use of the property probably meets the hostile, open, and exclusive requirements.

What are the criteria for a fence line?

“The extension of the fence line on which [the surveyor] relied, being neither marked nor surveyed, and being unrelated to any monument described of record, fails to meet the criteria of ‘artificial monuments and established lines, marked or surveyed’…” “The recorded distance should have prevailed.”

This scenario is especially problematic when a purchaser has acquired a piece of property under the assumption that the fence is “obviously” the boundary therefore they believe no property survey is needed. Warning: Never take the word of a real estate agent or an existing property owner about where the boundaries lie.

How long has my Neighbor had a fence on his property?

When I approached my neighbor about the fence his response was, the fence has probably been there for 40 years and besides I have all my landscaping and sprinklersrs up to the fence. The wrote a letter to my neighbor requesting that we install a new fence on the property line and split the cost.

How big is my Neighbor’s fence behind my garage?

If you include the peace between the garage and the property line and the area behind the garage, my neighbor has 2 by 60 feet of my property. I want to tear down the fence behind the garage and put one from the front of the garage straight back to the back of the property line.

How big of a fence do I need on my property?

Your jurisdiction may have laws about how far back a fence needs to be set on your property, which is typically 2, 4, 6 or 8 inches from the property line. Other areas will allow you to go right up to the property line.

Can a fence be the same as a property line?

Property owners sometimes mistakenly assume that an existing fence is the same as the property line. They are shocked to discover that the fence in question may be many feet in error when a survey is performed.

What did my neighbor do about his survey?

Recently my neighbor had a survey done which showed that the actual boundary was slightly different than the assumed in the whole neighborhood. Now he wants me to rip out my raised beds and anything else crossing onto his property and he will put a fence on the new line.

Can a claim against a fence line be upheld?

First, courts have held that a claim will not be upheld if it is based on the location of a fence which was erected for a purpose other than marking a property line (e.g., if the fence was installed to contain animals).

Can a land surveyor Mark a property line?

Don’t be so sure that you aren’t encroaching onto property that legally belongs to your neighbor, or that they aren’t technically doing the same with your property. When in doubt, hire a land surveyor to mark the exact property line. MYTH 3: I can build my fence on the property line without a survey.

How can I find out my property lines?

One way to check your property lines is to look at the deed of the property. As a legal document about your property, the deed should have a worded description of your land’s boundaries. If for some reason the current deed does not describe the property lines, it will refer you to an older one that does.

Can a person build a fence on a property line?

There are, however, many jurisdictions that allow you to build a fence on the property line. For example, California law presumes joint ownership of a fence that’s built on a property line since both owners derive benefits from it.

How tall is a block retaining wall and fence?

We put in a Development Application for the retaining wall (about 1000mm max) and the continuous fence above (1500mm – 1800mm). Total height of wall and fence not to exceed 2300mm and built it just within the boundary so there would be no question as to its position. So there are the sordid details in brief.

How can I tell if my fence is on my property line?

Get a Survey In order to know if your fence is on your property line, inside your property line, or even on your neighbor’s property (yikes!), you’ll need a survey. Your county deed and assessor’s office may already have a copy, or you may have paid for one when you purchased your house.

There are, however, many jurisdictions that allow you to build a fence on the property line. For example, California law presumes joint ownership of a fence that’s built on a property line since both owners derive benefits from it.

How long does it take for a neighbor to build a fence?

One of the most important qualifying factors is the amount of time for which the contested land has been used by your neighbor. This statutory period varies from state to state. For example, Alabama requires 10 years of continuous possession; Colorado, on the other hand, requires 18 years.

Get a Survey In order to know if your fence is on your property line, inside your property line, or even on your neighbor’s property (yikes!), you’ll need a survey. Your county deed and assessor’s office may already have a copy, or you may have paid for one when you purchased your house.

When did Denese Welch build over her property line?

If they have been in place for five years or longer, the riddle is more complicated. In 1994, Denese Welch, owner of Lot 7 in the Shasta Holiday subdivision, built a woodshed and planter boxes which extended over her property line onto Lot 8 – about seven feet for the shed and almost 10 feet for the landscaping.

What do survey markers mean on a property?

A surveyor places survey markers to label major points on the land’s surface. For instance, she may place marks at the northeast and southwest corners of a piece of land to physically represent the boundaries. The legal description for a property, which is the land’s dimensions in words, may reference the placed markers.

Why do you put markers on a piece of land?

For instance, she may place marks at the northeast and southwest corners of a piece of land to physically represent the boundaries. The legal description for a property, which is the land’s dimensions in words, may reference the placed markers. A property’s legal description is needed for real estate documents such as deeds and mortgages.

A surveyor places survey markers to label major points on the land’s surface. For instance, she may place marks at the northeast and southwest corners of a piece of land to physically represent the boundaries. The legal description for a property, which is the land’s dimensions in words, may reference the placed markers.