Do you know where your
property line is located? If
your property was surveyed
correctly and you have markers
in the ground, you probably
know.
But if you don't have the
property lines marked -- how do
you really know?
If your neighbor has a
fence, don't assume that the
fence is on the property line.
It may be on the line. It may
also be a few inches into your
neighbor's property.
Or your neighbor's fence
may be partially or entirely
located on your property.
The same applies to trees
and landscaping at the end of
your property. What if they are
on your neighbor's property but
have grown onto your property?
What if the tree that you
thought was on your neighbor's
property, is half on your
property and half on his or her
property? And what if is
diseased, or needs pruning, or
needs to be cut back?
These issues re-occur all
of the time. Property lines
exist on maps, not in real life.
So people often make innocent
mistakes in placing landscaping
and fencing. These overlaps are
called encroachments.
What should you do about
the encroachment? First and
foremost, you generally should
take some action.
In some states, the
neighbor can actually secure
real title to your property if
he can prove you knew about the
overlap for a specified period
of time (often around 21 years)
and took no action. A neighbor's
successor (the next owner) may
also have this legal right.
So at a minimum, you may
need to take some kind of action
to demonstrate that you are not
foregoing ownership and that
your kind attitude should not be
confused with acquiescence or
not caring.
Very often, there are
cooperative ways of addressing
these issues. For example, in
the case of tree |
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encroachments, you may not have
to cut or move the tree.
Trees are usually good
things and cooperative
arrangements can be simply made
to secure the well being of the
tree. This includes maintaining
the tree and pruning, etc. It's
a kind of tree joint custody
arrangement.
The same applies to
fencing and to areas of over
pavement. While the ownership
problem must be acknowledged,
and while the parties should
agree on actual ownership, the
resolution does not have to be
destructive.
In certain instances, when
appropriate, an easement can be
prepared which allows one
neighbor to continue to use and
benefit from the encroached
property. Sometimes money is
exchanged for the easement
(perhaps enough for taxes,
maintenance and insurance).
In certain instances, lot
lines can be changed to
eliminate the problem
altogether.
This is an area where you
should consult with a local
lawyer, one that understands
property law in your state.
Often solutions are easy
and inexpensive. Sometimes they
are more involved.
Almost always, a peaceful
solution is available that does
not have to be destructive. And
it does not have to turn a good
neighbor relationship into
something less than desirable.
However, where amicable
solutions are not apparent,
courts will entertain and
resolve these issues. From a
personal standpoint, I believe
that neighbor to neighbor court
disputes should always be
avoided.
But if that is not
feasible, courts will provide
finality in these areas.
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