Content material of the fabric
- What Are Property Lines?
- Video
- Consider the Metes and Bounds Survey
- Final Thoughts
- What Are Boundary Line Agreements?
- How to Find Property Lines for Free
- Homeowner’s Deed
- A Tape Measure
- Existing Property Survey from Mortgage or Title Company
- Existing Property Survey from County or Local Municipality
- Buried Pins
- Use an App
- Conclusion
- Can My Neighbor Build A Fence On The Property Line?
- 2
- 4
- Why is it important to know the location of your property lines?
- How Property Lines Are Calculated
- The Bottom Line
What Are Property Strains?
Put merely, a property line is a authorized boundary for a chunk of land that distinguishes it from different items. In authorized phrases, property strains very distinctly denote who owns which items of land by dividing land cleanly into parcels or plots. In some circumstances, property strains observe very apparent boundaries, together with fences, roads, ditches, streams and rivers. However in different circumstances, property strains may be completely invisible. In these conditions, licensed authorized information of property strains often is the solely proof that the property strains are respectable. For these causes, it’s essential to perceive the place your property begins and ends in case you are a house owner. In doing so, you possibly can decide precisely what sorts of dwelling enchancment initiatives you possibly can undertake with out encroaching in your neighbor’s property and keep away from disagreeable authorized disputes. As well as, you might have to have official information of your property strains in order for you or want title insurance coverage.
Think about the Metes and Bounds Survey
In case your deed encompasses a metes and bounds survey—a survey that describes the precise distances and instructions from one established level in your property line to the following—you’ll have all the knowledge you’ll want to discover property strains. Sadly, one of these authorized description is notoriously tough to grasp until you’re a surveyor.
The metes and bounds survey cites a place to begin, positioned at one in every of corners of your property. From there, the survey gives you detailed instructions and distances that will help you find the remainder of the corners and boundary strains of your property. It’s much like a connect-the-dots sport, besides you do it on foot, not on paper. You’ll want an extended measuring tape in addition to a good-quality directional compass so you possibly can transfer systematically from level to level.
Commercial
However egad! You’ll discover {that a} metes and bounds survey reads like a Shakespearean play. A typical survey might let you know to “start” from the purpose of starting (POB), “working thence westerly 100 toes, thence southerly at an inside angle of 55 levels to a degree,” and so forth till it brings you again to the unique place to begin.
istockphoto.com
Video
Closing Ideas
Earlier than constructing a brand new construction or putting in a driveway, it’s very important to have an expert come out and mark the property strains. Property pins may be moved through the years, and in some circumstances, the boundary might prolong previous a property boundary marker if a earlier proprietor purchased or offered land to a neighbor. In a finest case situation, you will have extra land than you thought you probably did. In a worst case situation, you will have poured the driveway on the neighbors’ land, they usually could make you tear it out.
What Are Boundary Line Agreements?
With out getting too technical, boundary line agreements are particular authorized contracts written between neighbors. They’re used to settle any disputes over present property strains are boundaries. Whereas the precise contract necessities and inclusions will range relying in your state, they’re all the time used to make sure two or extra property house owners agree on how property strains are used and divided. Be aware that boundary line agreements aren’t the very same factor as boundary line changes. Boundary line changes, as an alternative, are created when property house owners have to change land. This includes redefining or redrawing property strains between them. In some circumstances, however not all, this may occasionally contain cash. For instance, for those who and your neighbor wish to commerce bits of property in your backyards for various components, you possibly can draw up a boundary line adjustment to make this authorized.
So, what do you employ boundary line agreements for? One frequent instance happens when one neighbor by accident encroaches on one other particular person’s property by planting hedges or constructing a construction. This will likely happen if the unique property proprietor does a land survey and discovers the error. In that case, the property proprietor must create a boundary line settlement with their neighbor in the event that they wish to retain the title to that property piece. The ensuing boundary line settlement will embody an acknowledgment by your neighbor that they by accident encroached on the property, in addition to an acknowledgment in your finish that you’ll let the construction stay standing. On this means, the construction builder can hold management of the constructing when you retain management of the particular land it’s constructed on.
Discover Property Strains for Free
Home-owner’s Deed
A home-owner’s deed ought to embody a authorized description of the plot of land, together with its measurements, form, block and lot quantity, and different identifiers comparable to landmarks and geographical options. If the language is hard, attain out to your actual property lawyer or agent for assist in deciphering it.
A Tape Measure
If you wish to visually affirm your property strains, you should utilize a tape measure to find out the boundaries. From a identified level detailed within the deed’s description, measure to the property’s edge and place a stake at that time as a marker.
In any case the sides have been decided, measure the gap between the stakes. Examine the outcomes to ensure they match the corresponding deed or plat.
Current Property Survey from Mortgage or Title Firm
Most mortgage lenders require potential householders to have a present survey, and your title insurance coverage additionally will depend on it. In case you purchased your property lately however don’t have the survey, contact both firm to see if they’ve a duplicate on file.
Current Property Survey from County or Native Municipality
A property’s historical past and legalrecords are typically stored within the municipality or county’s tax assessor’s workplace or in its land information or constructing division. You may often start your search by going surfing to entry the related property information. Most municipalities provide this info free of charge, however some workplaces might require a small payment or ask that you just entry the information in particular person.
Buried Pins
On the corners of your property, you could possibly discover metal bars which have been buried, generally nonetheless seen, with a marked cap on the highest finish. These had been probably positioned in your land when a survey was accomplished. In case you can’t readily see the pins (they could have been buried over time), use a metallic detector that will help you find them.
Whereas this isn’t a legally binding option to decide your property strains, it gives you a good suggestion of the boundaries. Warning: Earlier than you begin digging, name 811, the nationwide call-before-you-dig hotline, to request the placement of buried utilities you don’t wish to inadvertently dig into an underground utility line.
Use an App
Obtain an app like LandGlide that makes use of GPS to find out a parcel’s property strains. LandGlide is free for the primary seven days.
Conclusion
As a house owner, it’s essential that you just’re conscious of property strains as a way to respect your neighbor’s property and keep away from any authorized disputes. In case you’re struggling to seek out your property’s property strains, make the most of one of many aforementioned methods, or go surfing to examine. Keep in mind that earlier than you or your neighbor construct a fence on the property line, make certain to seek the advice of with one another and an actual property agent about your property’s guidelines and laws. For extra details about shopping for actual property, try our different sources for further reading on properties and mortgages.
Can My Neighbor Construct A Fence On The Property Line?
In case your neighbor is considering constructing a fence on the property line between your two properties, it’s essential that they’re conscious of all vital legal guidelines and laws. The place a neighbor can construct a fence on the property relies on jurisdiction legal guidelines, in addition to any deed restrictions on both of your properties. As a normal rule, legal guidelines sometimes state {that a} fence have to be constructed no less than 2 – 8 inches from a neighbor’s property line. A fence constructed instantly on a property line might lead to a joint accountability of the fence between the neighbors, together with upkeep and prices. Simply as a precaution, for those who or a neighbor are considering of constructing a fence on or close to one in every of your property’s property strains, make certain to seek the advice of your real estate agent on any guidelines and laws.
2
Verify your deed. The deed accommodates an outline of your property’s measurements and limits in phrases. Measure from the landmarks within the description to the property strains. Mark every nook with a stake or different marker. Measure from every stake to the following all the way in which round your property to make sure the measured strains match the deed. Bodily measuring the boundaries will assist you to visually decide the place the strains are and keep away from encroaching in your neighbor’s land.
4
Take a look at your property survey. The survey is a doc with a rendering of the property strains and measurements, and will have been given to you while you purchased your property. The space from your own home to the property line and the road must be proven on the survey. Use the measurements and particulars about surrounding landmarks to visually decide the property strains and keep away from land disputes with neighbors.
Why is it essential to know the placement of your property strains?
Property strains are in place to maintain one property proprietor from encroaching on one other proprietor’s land or compromising their privateness by constructing too near their home. A typical encroachment may be tree limbs that develop previous your property and overhang right into a neighbor’s yard or a driveway poured to increase onto a neighbor’s property. When you already know precisely the place your property strains fall, you’ll keep away from by accident encroaching in your neighbor’s land.
In case you plan to construct a everlasting construction, you’ll wish to be as correct as attainable, and ordering your individual land survey is the best choice. In most states, you might be required to name a diggers hotline 811 to request buried utility info earlier than you construct a fence, plant a tree, or prolong your driveway. This name ensures you already know the placement of any buried wires or irrigation techniques to keep away from inflicting injury. Inside a number of days’ discover, somebody out of your native utility firm ought to have the ability to mark county wires or pipes with spray paint or flags.
Since property line info may be invaluable to somebody you might sell your house to, it would be best to hold all information. Make a copy of a brand new survey you’ve accomplished, a plat map, or any info from town or county workplaces in digital or laborious copy format. In case you do a brand new survey, you may additionally have to register it together with your county assessor or recorder. Throughout the sale of a property, the title company will seek for encroachment of 1 property into one other. They could refuse title insurance coverage to the vendor in the event that they discover a property line dispute.
When you understand how to seek out your property strains, you’ll acquire peace of thoughts for any mission that would come near the sting of the property. Displaying respect on your neighbor and their property rights might help you keep away from a lawsuit.
How Property Strains Are Calculated
We all know that fences don’t line each landowner’s plot, so how can we outline the place one yard ends and the neighbor’s begins? It’s rather less than exact, however to assist make issues extra standardized, practically all the nation has adopted a protocol referred to as the Rectangular Survey System (RSS).
In case you’re considering RSS as in e-mail, suppose once more. Land surveyors use RSS to develop a system of rectangular parcels of land that may be added and measured to create an overview of the property. RSS works by dividing all land parcels into roughly 1-mile sections. The phrase “roughly” is used as a result of these sections are rarely good. Roads, creeks, rivers, lakes and tree strains typically get in the way in which of the right mile. The strains are then separated into two varieties: meridians and baselines. Meridians run north and south, baselines run east and west.
The RSS system was first utilized in japanese Ohio in an space referred to as the Seven Ranges. The epicenter of the system is on the Ohio – Pennsylvania border close to Pittsburgh. County strains recurrently observe this survey, and the creation of it within the Midwest explains why many counties are rectangular formed. This method has since turn out to be the nationwide commonplace of how we calculate property strains right now.
So, what does this imply for appraisers? Whereas conducting an appraisal of a given property, the appraiser will go to the county assessor’s workplace within the native municipality to accumulate property information. They’ll take a look at the parcel ID and authorized description to confirm the fundamental description of the property location.
If the property is in a subdivision, then it should almost definitely be measured by RSS, and property strains can oftentimes be recognized on the related plat map. If the appraiser can’t confirm the property boundaries, they must request a duplicate of a survey that must be carried out by a licensed surveyor.
The Backside Line
Realizing property strains is a vital a part of each shopping for a house and proudly owning a house. When shopping for, property strains lay out in black and white what you’re shopping for. As a house owner, property strains let you already know what you’re answerable for. If a tree falls throughout a property line after a storm, it’s essential to know who’s accountable for cleansing it up and protecting damages. By realizing how property strains are calculated and what to do in case your neighbor builds in your property, you’re a accountable property proprietor. Taking good care of what you personal is important to sustaining its worth, each within the monetary sense and the non-public sense.
For extra useful info on dwelling shopping for, proudly owning and promoting, try the articles within the Quicken Loans® Learning Center.