Fence Property Line Encroachment Agreement

Property corner irons must be located, exposed and verified at the time of final inspection. Exactly where should the fence go? The fenceposts should be placed right on the boundary line or as near to it as practicable. A Guide to the Line Fences Act. Building a fence on another person's property; Building or placing a structure on someone else's property; Landscaping that extends over a property line; The difference between an encroachment and other property uses is that the encroachment does not require a pattern of travel like someone regularly driving across property. Option 2: Formalize the Encroachment under an Agreement with the Town. These can be found at e-Laws. A few months later, he received a letter from a lawyer for Grace Church, who said the Church property was subject to a sale escrow, and that a boundary survey conducted in connection with the sale showed that a fence and shed along Hayden's east property line was encroaching into the Church property by about 3½ feet along nearly the entire. In order to claim a boundary by agreement, the following elements must be shown: X 1. If the fence is on their property and. 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). Contact us for more information on property & fence line surveys in Alberta or to receive a quote. The guy told me he'd be happy to put up more fence, if I did. He never maintained the part over the fence but his ajoining neighbor did. 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. Encroachment and Adverse Possession. When it comes to keeping your animals from roaming or keeping your neighbor's dog out, the saying rings true. Why do encroachments happen? More often than not, an encroachment is an honest mistake. Generally, the City of Lafayette prohibits property owners from installing or maintaining any encroachments within the public right-of-way; however, property owners may be permitted to install fences, landscaping or similar improvements within the public right-of-way upon execution of an encroachment agreement authorized by the Engineering. Encroachments can lead to aggravating boundary line disputes between neighbors, but there is legal recourse. Encroachment is a situation in real estate where a property owner violates the property rights of his neighbor by building on or extending a structure to the neighbor's land or property. In the Province of Ontario is there a statute of limitations on encroachment after 28 years of having our fence over the property line do we have to move the fence? The fence line is 165 feet in length; the first 110 feet from the front of the house follows the property line and the last 55 feet. Fences, for example, while they enclose the property, are sometimes not within a legal boundary line. structure encroaches over property lines or easements, you must apply for an encroachment agreement. ENCROACHMENT PERMIT GUIDELINES. These encroachment agreements can go a long way to avoid future buyer’s remorse. In 1991, his wife planted 15 cedar trees along what she thought was the property line between her property and the neighbour's property. There is no standard or template letter for notification. Agreement was signed at a Jan. Encroachments include, but are not limited to, fences, buildings, structures, signs, markers, pipes, conduits, transmission lines, poles, wires, and any other device whatsoever which obstructs the right-of-way as defined in this chapter. Sometimes, property owners may be concerned that adjoining neighbors are “encroaching” on their property and further, that such encroachment, or trespass,. lines, pipes, objects or structures is not started within 5 days after notification, the Department of Transportation may do so with their own forces and the expense incurred will be certified to Chief Legal Counsel for collection by civil action. An express agreement would avoid it. Pursuant to the agreed boundaries doctrine, if the exact location of a property line is unknown and two adjacent property owners agree to erect a fence where they think the property line belongs, and the fence remains for five consecutive years, the fence may be deemed the new property line. Boundary line. Utilization of pipeline transportation. About your property boundaries, working out your boundary lines, You can usually avoid having to create a boundary agreement by having an informal discussion with your neighbour. The first step to dealing with this is to talk to your neighbor and then compare deed copies. If, after 24 hours written notice to comply with the duty under s. An encroachment creates a lien. For example, a fence built on the neighboring lot or a structure that hangs over the boundary line is an encroachment. Primarily, it serves as a passageway for vehicles and pedestrians. The confusion over property boundaries is the basis of many neighbor disputes, including encroachments (or perceived encroachments) on one's property. Staff considered an Encroachment Agreement with the current owner, but a new purchaser would also have to enter into a new Encroachment agreement. It is provided as is, and isn’t necessarily endorsed or approved by getfreelegalforms. An encroachment occurs when a fence, roof, or something else on a neighboring property crosses the property line without permission. A problem does not arise until the buyer becomes an owner of the property and realizes that the fences are not on his or her property. Call a land surveyor and an attorney, in that order. The fence must be located entirely upon your property. In 1991, his wife planted 15 cedar trees along what she thought was the property line between her property and the neighbour's property. In many instances owners are uncertain where the exact boundary line is, and a fence or new gardening may cross the actual delineation. Both neighbors treat the fence as the boundary for a number of years. storm sewer line and lateral to avoid conflicts with existing utilities on Hall Street from Gaston Avenue to Worth Street, and (2) an increase in appropriations in the amount of $6,904 in the Capital Projects Reimbursement Fund - $54,570, from $1,756,481 to $1,811,051 - Financing: 1998 B ond Funds ($47,666), Private Funds. Please eliminate any line work outside of the target area. Code requirements apply even if a permit is not required. Staked Site. Fence encroachment/FHA. , easement, letter of consent, etc. Observe boundaries: Don’t risk having to tear down that fence by going even one inch over your property line. Agreement was signed at a Jan. Even if there's already a fence in place, a land study is critical to guarantee that you're building on the correct property line. As your attorney, Voge Law Office, PLLC could draw up a document granting permission and file it for you. Given the lack of standardization, most countries have not reached an agreement on of the definition of heritage. The firm's lawyers will contact your neighbor and seek to resolve the matter through negotiations. North Carolina Property Line and Fence Laws at a Glance. An encroachment agreement is a legal and binding agreement between the City and a property owner whose property abuts the municipal property which permits the property owner to have an encroachment on City property. , things that are over the property lines. 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. Encroachments - How to Protect Your Boundary Lines. Patuxent NAS CO Capt. This is not consistent with the Design Review requirement that the fence be constructed of solid wood (DSA-2574). Most lenders require that Affirmative Coverages be given to general or specific exceptions as listed in Schedule B of the final policy insuring them for loss or damage which may result due to that matter. 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. The homeowner approaches the HOA board with plans to erect a fence around his property, and the proposed fence will encroach into the common area by one foot. Its obvious its in my property just from looking at it, its sticking about 8 inch over my back fence. I somewhat disagree with Mr. Hire a surveyor to determine the property line, know your local and state laws and try to reach an agreement. The back yard is completely fenced in. Some neighbors have longstanding disputes over a fence or the exact location of a property line boundary between them. The Encroachments Act 1944 (“the Act”) regulates what happens if an encroachment is discovered. The surveyor will map the encroachment so your attorney can advise the proper course of action. Encroachment. Charlotte, NC - My wife and I are buying our first house and an issue has arisen with the neighbor’s property. This is called a lot line agreement, and it allows your neighborly alliance to become binding once you've both made and signed deeds that provide a detailed description of the property line you've agreed upon. Due to the variances of many local, city, county and state laws, we recommend that you seek professional legal counsel before entering into any contract or agreement. However, as the roof slopes down, it may overhang the neighbor's property line by two feet. , encroaches or not. what every attorney needs to know about survey maps page 1 of 42 what every attorney needs to know about survey maps george a. schell law, p. When a boundary survey is performed, occasionally conflicts arise pertaining to the location of a property line, or there is an encroachment of improvements over a property line. The physical object can include any portion of a building, including an awning or a fence for example. Its obvious its in my property just from looking at it, its sticking about 8 inch over my back fence. While looking at the lot and talking about the property's boundary line and the new neighbor's (1 year) weeding activities, the Buyer became concerned with encroachment. Fences, for example, while they enclose the property, are sometimes not within a legal boundary line. The only way of avoiding any problems is to build the fence right on the dividing line. The facts vary and often seem innocuous, but the consequences are. Also, most standard title insurance policies do not insure. An encroachment is anything man-made, owned by one landowner that is built over their property line between them and another owner. Discussed areas include a property owner's responsibility to fence when livestock is kept on the property, the rights of adjoining landowners to fence, placement of fences, encroachments, boundary lines, easements, contracts, nuisances, and a landowner's responsibilities towards persons who enter his or her property. A boundary line agreement, to be enforceable. Assume that a tree grows on the neighbor’s property, but the limbs and branches overhang another’s land. The encroachment must be dimensionally tied to a fixed reference point. Following are some examples of encroachments which could compromise the public safety or unreasonably restrict NFGDC's access to its facilities:. Fences Fences between neighbouring land should be located on the boundary but many aren't precise. So my wife and I recently purchased a house. It's not uncommon for neighbors to resolve an encroachment through the grant of an easement. For example, neighbors may reach an easement agreement allowing a partial encroachment to fit a driveway. Call Orange County boundary disputes lawyer Edwin Fahlen for a free phone consultation if you have boundary disputes including: fences, driveways, illegal use of your property, trespass, encroachment of buildings, out buildings, patios and other property rights violations. Front setback requirements shall not apply to opaque fences or walls three (3) feet high or less or non-opaque fences or walls four (4) feet high or less. "Pedestrian walk street" is defined by council under a separate resolution. I like using the term "apparent encroachment". Note: In rare instances encroachment agreements are possible, if approved by the County. If the city needs to utilize the easement, the fence will be removed and relocated at the expense of the property owner. Walker, the Trevetts took no further action regarding the boundary line or location of the fence until they filed their ejectment claim on December 11, 2007. account for sites near state/county lines or streams Native American African American Anglo-American Hispanic Asian American Unknown Other Site Location and Environmental Data: m m Site slope Name (if any) Midway Branch Nearest Surface Water Ocean Stream/river Estuary/tidal river Tidewater/marsh Swamp Lake or pond Spring SCS soil & sediment code. Robinson v. You can also contact our office to verify if any rights-of-way are present. BOUNDARY LAW AND LANDOWNER DISPUTES I. I then got a new survey with bright lines marking where the line is. Fence for many years, afterwarda post remained and both parties maintained their properties (planting flowers) up to the post on either side of an imaginary line running to the back of the property. TRESPASS TO TRY TITLE A. The confusion over property boundaries is the basis of many neighbor disputes, including encroachments (or perceived encroachments) on one's property. erection of an outbuilding, fence, or other property improvement that physically encroaches on the boundary line with the neighboring property or roadway, or lies within the property’s setback areas. Call a land surveyor and an attorney, in that order. The actual structure that encroaches might be a tree, bush, bay window, stairway, steps, stoop, garage, leaning fence, part of a building, etc. They can give you the go-ahead in a Real Estate Easement Agreement. Can I remove a tree on my property without a permit? Yes, the Town does not regulate trees on private property therefore, no permit is required. Both owners are equally responsible for the repair and maintenance of the wall or fence. This post will answer a handful of very basic questions and then discuss the more complicated issues of extended encroachment in the context of adverse possession. Height The following regulations apply to fence height, subject to the exceptions in the next column. 365, 377, 32 A. on the boulevard in a front yard; Encroachment agreement. What is an encroachment agreement?. Selling Your Neighbor a Strip of Land to Resolve an Encroachment My question involves real estate located in the State of: CA It was recently brought to our attention that our fence is not located on the property line (after having the property surveyed) and needs to be moved over 3 feet onto the neighbors side. If you cannot come to an agreement with your neighbour, you can apply for a Fencing Order. When There Is No Doubt About Encroachment. In each of these cases, there are several possible outcomes, mostly bad. At times, none of these things can clear up all the uncertainties and the parties on each side of the boundary line must come to an agreement of where the line will be. Neighbors agree on the actual property lines but dispute the use of land within the lines. The new line fence law allows for two ways to establish that a line fence previously existed on a property line. The orders which are usually made involve:. Easements "run with the land" - that is, they automatically continue in force when the land is sold. Both sides of the yard are bordered by the neighbors' fences and the back of the yard only has a chicken wire fence to, presumably, mark the property boundary by sellers who were too cheap to install a real fence. One of the most common issues between neighbors is a small encroachment across the property line. For an interesting and informative Tennessee boundary line dispute case concerning a deed overlap, take a look at Hodge v. Overview of Easements and Property LawOverview of Easements and Property Law holder if there is no agreement to the th i jing an innocent encroachment would. Thank you for posting on Land Use News. So sometimes encroachments are OK. Although I understand that tree lines are not reliable indicators for property lines, there is more than ample evidence to suggest these tree line divisions may have been agreed upon at a time when. Examples of an encroachment: Extending a back yard beyond the property line into a park (with a garden, shed, fence, sports equipment, etc. I am still undecided about whether to go along with the "good neighbor on the property line" fence or not. and the Bureau of Land Management have settled trespass claims involving construction of a fence that inadvertently encroached on public land in Fergus County, with Wilks. Pursuant to the agreed boundaries doctrine, if the exact location of a property line is unknown and two adjacent property owners agree to erect a fence where they think the property line belongs, and the fence remains for five consecutive years, the fence may be deemed the new property line. DO NOT assume your neighbour has constructed their fence properly regarding property lines, height, or materials. A few witnesses testified that they understood the location of the fence to represent the line, but their belief was based merely on the fact that the fence was there and hence added nothing to the physical facts. has determined the encroachment will not adversely affect the use of the easement. We purchased the house under that agreement. The new line fence law allows for two ways to establish that a line fence previously existed on a property line. " Easement or. But in reality, it's far more complex. This service varies in cost depending on the price of the home. Study your house line drawing or plat or order a new survey ($500 to $1,000) from a land surveyor to be sure of boundaries. The buyer is the one asking for the agreement before buying (the seller is trying to accommodate him), Cutting the pole to the fence line would be the best option, Its actually 1 ft inside my property line according to the surveyors. Well, if you cannot reach agreement on a formal easement, one step is to seek an order from the court declaring that you are entitled to buy or use the disputed land. Typically, disputes over encroachments arise when there's already dissension between neighbors. (Map attached at Schedule A) 2. The terms, conditions, and provisions of this Agreement shall extend to and be binding. Both neighbors treat the fence as the boundary for a number of years. For example, suppose a person builds a fence on her neighbor's adjacent property. Lum proposed a license agreement that would include a boundary line adjustment. Fence Location • If a fence has been utilized as the boundary for a period of 10 years, the fence can establish the property line regardless of land survey results. utility lines marked. The testimony of the property owner, neighbors and previous owners can also help find the correct location. Still the fence stood. However, such relief is only available if either "a building encroaches. 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). Height The following regulations apply to fence height, subject to the exceptions in the next column. When we bought the property, we made a letter from the property owner at the back agreeing to us building a fence along the driveway part of our purchase agreement. By 1968, the tree was 75 feet high, with a trunk diameter of 2 1/2 feet, and it was protruding about 8 inches onto the Holmberg's property. Out of sure kindness, we offered the jerks our original posts (ones on property line) to build their fence and save them the expense of putting in new ones. Major Encroachments. In the absence of a servitude, an owner may build only on his or her own ground. K-2 Encroachment Agreement Page 4 of 6 15. My neighbor never say anything about it. Relocation of an encroaching fence, or a properly drawn fence line agreement can settle issues that may otherwise be unresolved for many years. Encroachments might include a driveway or a fence that was installed slightly over the line, while limitations might include easements that allow others to use a part of the property. Why do encroachments happen? More often than not, an encroachment is an honest mistake. The property line goes along his house wall, pretty much. The Act applies where one owner wants to construct, repair or maintain a fence on a property boundary line, but is unable to reach agreement with the other owner on the type of fence to be erected, the sharing of the costs of the fence, or both of these issues. Option 1: Property Owner Removes Fence Encroachment The property owner, as per town policy and practice, removes the board fence from the municipal boulevard; the fence may be re-installed on the property line. That's an encroachment. Adverse possession is a common law concept in Massachusetts under which homeowners may lose title to their. Encroachment happens when a certain property steps into the boundary of a neighbouring property. This zoning regulation requires written agreement between neighbors to erect a fence or wall on the property line. A number of years ago I replaced the fence that enclosed my back yard. An overview of fencing and issues relating to giving notice for fencing work, finding owners of neighbouring land, disputes, boundaries and encroachment. An enduring problem for any land owner is how to deal with an encroachment from an abutting property. The property owners,. However, what happens when there is an encroachment and there is no evidence of a past agreement? The recent case of Martin v. The fence you had erected was done so on our property and encroaches upon our land both by recorded deed and survey. During our due diligence period, a survey revealed that there was a significant encroachment of the neighbor's driveway and fence onto the lot we are interested in buying. The new line fence law allows for two ways to establish that a line fence previously existed on a property line. The Equitable Shares Rule applies for both methods. To use this provision, the municipality must state in the by law that the Line Fences Act does not apply. Signing a boundary agreement could potentially result in serious zoning law issues. Let’s take an example of a property in Maryland under contract to be sold where the improvements consist of a house with a. q Proposed Structure(s): (Based on an approved Development Permit) City File Number: • An approved development permit is required prior to the Encroachment Agreement application. 22(1), nothing is done, the neighbouring owner may:. Fence Location • If a fence has been utilized as the boundary for a period of 10 years, the fence can establish the property line regardless of land survey results. To uncover any encroachments, or other potential problems. Contact Rattikin & Rattikin, LLP. (Map attached at Schedule A) 2. Any work performed within the public rightof--way (ROW) requires an Encroachment Permit. An easement can also be created without a formal agreement. Encroachments are not normally revealed in the chain of title and thus are not warranted against in a title insurance policy. One of the most common types of encroachment is structural encroachment - this is when a part of a building extends over the property line. B) approach your neighbour directly to resolve whatever issues he may have. Whether the offense is a fence that extends a foot or two over a neighbor's property line or tree limbs that complicate a property owner's access to his storage shed, property encroachment can. Cornelison. Signing a boundary agreement could potentially result in serious zoning law issues. Easements can be bought and sold. It is provided as is, and isn't necessarily endorsed or approved by getfreelegalforms. Property law is very complicated, and the law of encroachment is no different. erection of an outbuilding, fence, or other property improvement that physically encroaches on the boundary line with the neighboring property or roadway, or lies within the property’s setback areas. I agree to do the above work; to pay any costs for inspection, labor and/or material that may be. This means that one owner cannot make changes that affect the wall as a whole, without the other owner's consent. Charlotte, NC - My wife and I are buying our first house and an issue has arisen with the neighbor’s property. Some neighbors have longstanding disputes over a fence or the exact location of a property line boundary between them. minimum front setback line, except for a corner lot where a side property line abuts a road, the setback shall be a minimum of 7. What are some examples of encroachments? Encroachments are uses of property for structures and improvements and do not necessarily involve paths of travel: Fences that are not on the property line. A number of years ago I replaced the fence that enclosed my back yard. Then they put up a for sale sign and I contacted the agent and told her the history of. The new neighbor said that he liked my fence and they were going to install the same type when they move in next week. All landscaping elements located within the City Right of Way (the area beyond your property line) are the property of the City, even when they are paid for and installed by the adjacent property owner. The tools and services are provided through agreements with Teranet, which owns and operates Ontario’s Electronic Land. the property is up for sale. Some neighbors have longstanding disputes over a fence or the exact location of a property line boundary between them. 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. An encroachment occurs when someone illegally intrudes or uses land of a neighboring property. There are sidewalk easements that allow the public to walk in front of your property, as long as they stay on the sidewalk. , things that are over the property lines. How do I find the exact Property Lines for my property? Your land title documents will show property boundaries. utility lines marked. The best thing to do would be to speak with your neighbor first before calling a surveyor to clarify boundary lines. E and may be installed along property lines provided the adjacent property agrees, in writing, that such fence may be erected on the boundary line of the respective properties. The main rule of thumb for homeowners to follow when there is an easement on the property line is to avoid building anything, including fences, on said easements. 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. This service varies in cost depending on the price of the home. So my issues are:. 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. In a commercial context, maybe you have shared driveway that encroaches onto your neighbor’s property but you do not have a formal written agreement. However, as the roof slopes down, it may overhang the neighbor's property line by two feet. Also, most standard title insurance policies do not insure. Instead of entering a lease agreement, the applicants chose to request that the City vacate and sell the area of encroachment. I bought a property with a fence in the wrong location. Asked by Tania G. Encroachment is when any physical object projects into the City's right-of-way and/or City-owned easements. If you are building a fence, you need to know exactly where your property lines are. Fences may be located in any yard up to a height of 4 ft. If a surveyor sees an old downed fence line, it will be drawn and noted in the survey. The property line goes along his house wall, pretty much. Let me mention though, that small "structures" like fences and gardening beds can be considered. 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. One of the issues that we look for is whether there are any encroachments of improvements either onto the subject real property or onto the neighbor’s real property – i. Ultimately the plan is to remove the asphalt. REAL PROPERTY REPORT ( RPR) study guide by danielle19919 includes 116 questions covering vocabulary, terms and more. Then they planted bushes inside their new fence but still on my property. It's not uncommon for neighbors to resolve an encroachment through the grant of an easement. Robert Frost ‘s famous poem The Mending Wall says “good fences make good neighbors. When adjoining property owners have a boundary line dispute, but resolve it by express or implied agreement that sets a particular line as the boundary, that line becomes the true boundary if they treat it as such over time. Most fence issues revolve around the height, location and appearance of the fence and whether there has been an encroachment of the legal boundary lines by an adjoining property owner. of the encroachment (including length, width, height) as it relates to the property and to the City controlled public right of way. Front setback requirements shall not apply to opaque fences or walls three (3) feet high or less or non-opaque fences or walls four (4) feet high or less. For example, in a residential context maybe your neighbor’s fence or driveway crosses over onto your property by two feet or their shed is three feet over the property line. Permitted encroachments do not require an encroachment agreement with the City, but must be set back at least 0. The new neighbor said that he liked my fence and they were going to install the same type when they move in next week. Height The following regulations apply to fence height, subject to the exceptions in the next column. The best thing to do would be to speak with your neighbor first before calling a surveyor to clarify boundary lines. Property encroachment is a situation which occurs when someone on one lot builds something which protrudes into the neighboring lot. K-2 Encroachment Agreement Page 4 of 6 15. As the old saying goes, good fences make good neighbors. [While,] RCW 58. If the surveyor has done the proper research, including discussions with all parties involved in the encroachment issue and he can note and depict the boundary line, then he should be able to ascertain if the fence, garage, shed, etc. These issues are frequently resolved amicably with a Boundary Line Agreement. This encroachment would occur in primarily one area on the West side of the property on (Street) St. Selling Your Neighbor a Strip of Land to Resolve an Encroachment My question involves real estate located in the State of: CA It was recently brought to our attention that our fence is not located on the property line (after having the property surveyed) and needs to be moved over 3 feet onto the neighbors side. The spouse of the lawyer insists that the fence encroaches the lawyer’s property by about one foot and that the lawyer needs to tell the neighbor (who, by the way has an in-ground swimming pool, which the neighbor lets the lawyer’s family use) that the neighbor needs to move the fence. We will cover some basic items with regards to property disputes and what you can do about them, however, please note, any easement or real estate boundary dispute can delay a sale, cause legal battles and more. The borders of streets, although in some. A great number of property line disputes start when it comes to putting up a fence. It is the general policy of the City that the public rights -of-way shall be reserved for public use or open space; and that the rights of the public, present and future, not be shall diminished by the installation of private improvements within the public rights-of-way. Whether the offense is a fence that extends a foot or two over a neighbor's property line or tree limbs that complicate a property owner's access to his storage shed, property encroachment can. (6 ) Fences may be permitted along property lines subject. This means that one owner cannot make changes that affect the wall as a whole, without the other owner's consent. couchman, registered professional land surveyor no. More information regarding 811 can be found at www. When you want to let someone else use your property without giving up your ownership, you'll need to sign Real Estate Easement Agreement. THE CITY OF VAUGHAN. Most lenders require that Affirmative Coverages be given to general or specific exceptions as listed in Schedule B of the final policy insuring them for loss or damage which may result due to that matter. Given the close proximity of adjacent owners in residential areas, property owners are often involved in disputes with their neighbours. Nothing is more frustrating than discovering that the fence line is NOT the true property line, and your buyers just ‘lost’ twenty feet of property to their new neighbor. Texas does not have a specific statute or law dealing with boundary. Sorensen was unaware of the encroachment when he purchase the home in 2007. Your private fence should be limited to your own property. That is fact. My neighbor never say anything about it. "Encroachment" means and includes any obstruction, tower, pole, pole line, pipe, wire, cable, conduit, wall, fence, balcony, deck, stand or building, or any structure or object of any kind or character which is placed in, along, under, over or across public right-of-way. An easement is a legal right to use the property of another person for a specific purpose. • An additional fee is required for encroachments. The Equitable Shares Rule applies for both methods. City government does not arbitrate these disputes. Charlotte, NC - My wife and I are buying our first house and an issue has arisen with the neighbor’s property. For a nominal amount (say, $15 per year), they can keep their fence over the property line and use that three-foot strip. We paid to put up a 3' high chain link fence on our property in Toronto 40 years ago on the property line followed by a 5' high wood one entirely on our property 20 years later right beside the previous one. I like using the term "apparent encroachment". The land on the other side of the driveway encroaches onto the neighbours land though by 30cm - something that hasn't been addressed over the decade that they have owned the property. History, Purpose And Jurisdiction Trespass to try title has long been the method of trying title to lands, tenements and other real property in the State of Texas and, and the statutory requirements are contained in the Texas Property Code §§ 22. It stands astride the boundary line between lands of different owners and is used to separate those lands. Further, fence viewers do not have authority under fence law to fix disputed boundary lines between properties involved in a fence viewing proceeding. Fence Location • If a fence has been utilized as the boundary for a period of 10 years, the fence can establish the property line regardless of land survey results. • Depending on the type of encroachment, a non-refundable application fee is required to start the process. This change would be documented in an encroachment agreement and any installation. Two years ago, the seller had purchased the property for $450,000 with a down payment of $90,000 (his equity) and the title company had failed to advise him of this severe encroachment from the neighboring property. This classic feuding neighbors scenario is the perfect example of an Encroachment. Typically, an encroachment is unintentionally caused by misjudging the true location of a property line or setback line. Private fences shall not extend into any public rights-of-way, easements, or onto public property except by means of an encroachment agreement approved by the City. When boundary or encroachments disputes arise, a little known legal doctrine often comes into play: adverse possession. Request for the City to Approve an Encroachment of an Existing Structure into a Street or Alley. Fences which were installed without a survey being done can constitute an encroachments on a property. Due to the variances of many local, city, county and state laws, we recommend that you seek professional legal counsel before entering into any contract or agreement. For example, one neighbor may not want the other to cross the property line when building or installing an improvement, such as a fence or structure. A prudent buyer under contract to buy a home subject to an offset fence would be prudent to require an agreement from the neighbor as to the property line and rights to move and maintain the fence before closing on the transaction. If a fence is constructed on the wrong side of a boundary, a claim may lie in trespass for the person whose land has been annexed. Fence companies usually install a foot inside the line, to be on the safe side. Notice of encroachment - Answered by a verified Real Estate Lawyer. When the owner of the adjacent property comes, he can do what he wants with it. This agreement shall be submitted at the time of building permit application. The first thing you need to do is talk to the neighbour who shares the boundary with you. A wise buyer will always obtain a survey to be certain that, among other things, the property is in fact located where the buyer thinks it is located. When the fence is installed make sure that no part of it crosses over the boundary line onto your property. Fences Fences between neighbouring land should be located on the boundary but many aren't precise. TRESPASS TO TRY TITLE A. I like using the term “apparent encroachment”. To increase the value of the property. ) is required. A prudent buyer under contract to buy a home subject to an offset fence would be prudent to require an agreement from the neighbor as to the property line and rights to move and maintain the fence before closing on the transaction. This encroachment is a continuing nuisance and is interfering with our ability to appropriately use the property for livestock. schell, jr. This encroachment would occur in primarily one area on the West side of the property on (Street) St. In 1998, when previous owners installed a chain link fence and based on the incorrect location of the fence, an expensive in ground pool was installed which, unbeknownst to either homeowners crossed over the property line. The neighbor admitted he never pulled a permit to erect the fence. to a property line should a. , things that are over the property lines. " When that fence encroaches over a neighbor's property line, however, that good neighbor can turn nasty very quickly.