Spring will soon be upon us and it will be a time when people start to spruce up their yards. One way that property owners sometimes do that is with the addition of fencing around their property.
This can truly be something that beautifies your property, but it can also be something that causes legal strife. Sometimes property owners unintentionally build fences that don’t line up with their true property lines. Sometimes you move into a house where the fence isn’t actually done correctly.
A misunderstanding regarding boundary lines or the location of a fence can delay or even prevent a sale from taking place.
Here are some tips to help you:
- Well in advance of placing a property on the market for sale, engage a licensed surveyor to survey the property boundaries and, if in doubt, to place markers along the boundary line.
- Before erecting a fence, engage a surveyor to prepare a “staked” survey of the property to be fenced, meaning the surveyor will place a string along the property boundaries. When the contractor erects the fence, it should be located along the property line.
- If you think there’s an encroachment by or against a neighboring property owner, it is often possible to resolve the dispute through a simple boundary line agreement whereby the adjacent property owners acknowledge that the record boundaries of their properties govern over any use of the property. A boundary line agreement, to be enforceable, should be recorded in the land records.
- If you discover an encroachment, the best time to deal with the issue is the time of discovery.
If you suspect that you may be in violation or your property has been overtaken by a neighbor’s fence, we would be happy to help. Simply fill out the form on this page and we will meet with you for a FREE 15 minute consultation.