Content of the material
- What Are Property Lines?
- How to Legally Determine Property Lines
- Hire a Licensed Land Surveyor
- Why is it important to know the location of your property lines?
- Why Is Knowing Your Property Lines Important?
- Final Thoughts
- 2. Check your deed
- How To Find Your Property Stake:
- Check Sidewalks and Street Lights
- Why Are Property Lines Important?
- Boundary Line Agreements
- How Boundary Line Agreements Protect From Encroachments
- Why You Might Need to Know Your Property Lines
- Things to Consider
- 4. Look at your property survey
- How Are Property Lines Calculated?
- Rocket Sister Companies
What Are Property Lines?
Put simply, a property line is a legal boundary for a piece of land that distinguishes it from other pieces. In legal terms, property lines very distinctly denote who owns which pieces of land by dividing land cleanly into parcels or plots. In some cases, property lines follow very obvious boundaries, including fences, roads, ditches, streams and rivers. But in other cases, property lines can be totally invisible. In these situations, certified legal records of property lines may be the only proof that the property lines are legitimate. For these reasons, you must understand where your property begins and ends if you are a homeowner. In doing so, you can determine exactly what kinds of home improvement projects you can undertake without encroaching on your neighbor’s property and avoid unpleasant legal disputes. In addition, you may need to have official records of your property lines if you want or need title insurance.
How to Legally Determine Property Lines
Hire a Licensed Land Surveyor
To get an accurate determination of property lines that will stand up to legal scrutiny, you’ll need to hire a professional surveyor. (Note that most states require licensure of land surveyors; check your state’s requirements.)
While a professional survey may cost a a few to several hundred dollars—or more, depending on property location, size, shape, and terrain—it’s money well spent since property disputes cost a lot more in time, potential hefty legal fees, and neighborly goodwill.
Why is it important to know the location of your property lines?
Property lines are in place to keep one property owner from encroaching on another owner’s land or compromising their privacy by building too close to their house. A typical encroachment might be tree limbs that grow past your property and overhang into a neighbor’s yard or a driveway poured to extend onto a neighbor’s property. When you know exactly where your property lines fall, you’ll avoid accidentally encroaching on your neighbor’s land.
If you plan to build a permanent structure, you’ll want to be as accurate as possible, and ordering your own land survey is the best option. In most states, you are required to call a diggers hotline 811 to request buried utility information before you build a fence, plant a tree, or extend your driveway. This call ensures you know the location of any buried wires or irrigation systems to avoid causing damage. Within a few days’ notice, someone from your local utility company should be able to mark county wires or pipes with spray paint or flags.
Since property line information can be valuable to someone you may sell your house to, you will want to keep all records. Keep a copy of a new survey you’ve completed, a plat map, or any information from the city or county offices in digital or hard copy format. If you do a new survey, you may also need to register it with your county assessor or recorder. During the sale of a property, the title company will search for encroachment of one property into another. They may refuse title insurance to the seller if they find a property line dispute.
When you know how to find your property lines, you’ll gain peace of mind for any project that could come close to the edge of the property. Showing respect for your neighbor and their property rights can help you avoid a lawsuit.
Why Is Knowing Your Property Lines Important?
Having a good understanding of your home’s property lines is a very important part of being a homeowner. Knowing where your property begins and ends can prevent potential unpleasantries or legal disputes with your neighbors. It can also ensure that you’re respecting your neighbor’s privacy and space. It’s important to note that an unknown property line encroachment could result in a title company refusing insurance.
Before building a new structure or installing a driveway, it’s vital to have a professional come out and mark the property lines. Property pins can be moved over the years, and in some cases, the boundary may extend past a property boundary marker if a previous owner bought or sold land to a neighbor. In a best case scenario, you may have more land than you thought you did. In a worst case scenario, you may have poured the driveway on the neighbors’ land, and they can make you tear it out.
2. Check your deed
The deed contains a description of your property’s measurements and boundaries in words. Measure from the landmarks in the description to the property lines. Mark each corner with a stake or other marker. Measure from each stake to the next all the way around your property to ensure the measured lines match the deed. Physically measuring the boundaries will allow you to visually determine where the lines are and avoid encroaching on your neighbor’s land.
How To Find Your Property Stake:
It is much more common for the stakes to be several inches underground. Not so deep that they match up with the frost line, but deep enough that some digging is necessary. In that case, your best bet is to buy or rent a metal detector (inexpensive ones cost less than $50). When you’ve found your target, dig down to make sure that it’s really a stake and not just a lost quarter.
After you have found the iron property stake, replace the dirt and hammer in a small piece of wood as a visible marker.
Note: If locating your property lines precisely—in a legal dispute, for example—we strongly recommend that you hire a professional surveyor.
Check Sidewalks and Street Lights
Examine the lines that are cut in the sidewalk in front of your house. Often, the contractor who poured the sidewalk started and stopped on the property lines, so those cut lines may coincide with the edges of your property. As well, the appearance of the concrete on your side of the property may be slightly different from that on your neighbor’s side. Streetlights, too, are often placed on property lines. While these visual clues are good indications of property lines, if you intend to build or install something on your land, you’ll need additional verification.
Why Are Property Lines Important?
Property lines are important because they eliminate gray areas when it comes to property ownership. Because of property lines, you know exactly what land you’re getting when you begin the process of buying a house. Your mortgage lender and/or title insurance company will need to verify the property lines to help you qualify for a mortgage.
Knowing your property lines is also helpful when starting a home improvement or major landscaping project. You’ll want to have an understanding of where your yard ends and a neighbor’s begins. That way, you won’t end up accidentally building a new addition on your home or putting up a fence around your yard that encroaches on your neighbor’s property.
Finally, being aware of your property lines shows that you’re respectful of the neighboring premises. Knowing the boundaries of your property can help you avoid disagreements with your surrounding neighbors, especially ones that could lead to legal disputes.
Boundary Line Agreements
Boundary line agreements are written legal contracts between neighbors made to settle disputes over property boundaries. They vary slightly by state, but the point is to have a way where property owners can agree on property line usage outside of going to court.
Boundary line agreements are not the same as boundary line adjustments. Boundary line adjustments are made when property owners want to exchange land, redefining the property line between them, typically done without involving money. Boundary line agreements are specifically used when there is a dispute over land and its use.
How Boundary Line Agreements Protect From Encroachments
One of the most common reasons for a boundary line agreement is when a neighbor has encroached on your property by building a structure on it. Often, this issue is only made known because you did a land survey for another project and discovered your neighbor built on your land.
In order to retain the title to that piece of property, you can create a boundary line agreement with your neighbor. In this agreement, your neighbor acknowledges their mistake in encroaching on your property and you allow the structure to remain standing. This allows you to retain legal ownership, your neighbor to use what they built and for you both to stay out of court. You retain the right to the property and if the structure is torn down or destroyed, the neighbor must rebuild it on their property.
If you wish to cede the property to your neighbor, you can file a boundary line adjustment, though you’ll need to pay review fees, and the process takes longer than an agreement. Regardless of your decision, you need to do something if you ever intend to sell or transfer the property. A neighbor’s structure on your property may make things more complicated the longer it goes unaddressed.
Visit the county recorder’s office or the assessor’s office. Ask what maps are available for public viewing that include your neighborhood and street. Request a copy of any maps that show clear dimensions of your property lines. Use the maps for reference when measuring your property’s total boundary line on each side.
Why You Might Need to Know Your Property Lines
You will need to know your property lines if you are planning to build an addition to your home, add a deck to the back, or if you want to do any major landscaping changes. Even if you want to build a fence, you will need to know your property lines.
Knowing property lines is also important if you are buying or selling real estate. If you are the seller, you will need to let potential buyers know exactly what they are paying for. And if you are buying a property, you want to be sure of the boundaries of the property you make an offer on it. Your mortgage and title companies will likely require your property lines, too, as they prepare your paperwork.
And lastly, knowing your property lines can help you avoid disputes with your neighbors. Having clearly defined boundaries makes it easier to know who is responsible for tree removal, for example. It will also help you avoid any issues of encroachment: when one neighbor builds something that sits on the other’s property.
There are many reasons you might want (or need) to know property lines. Once you decide you want to know your property lines, the next step is to figure out how to find property lines.
Things to Consider
In the process of finding your property lines, there are quite a few things to remember. This may be anything from practical methods of finding the lines to legal considerations related to record-keeping. Consider the following before and during the process:
- Google Earth used to include a feature that showed the most recent property line records. This feature is no longer available, and the information it showed is considerably out of date, making it an unreliable source.
- If you are in the United States, remember to call the national before-you-dig hotline, 811, for information about where underground utilities are buried before doing any digging on your property. They’ll ask for your address and the project you’re planning.
- There are many free apps you can use to see your property lines from your phone. These may not be completely accurate, though, so use them in conjunction with other sources.
- Once you’ve found your property line, ensure that all of your construction is within it. Building a structure like a fence directly on the line can often incur encroachment penalties from your local government.
- There are many other legal considerations to remember about your property line. Some counties restrict projects based on their size and proximity to other property, while others restrict based on the zoning of the lot. Consult your local law professionals for more information about specific projects you plan to take on.
- If you are considering selling your property, having an up-to-date survey can help you assess the true value of the land. It will also help your and your buyer’s records stay accurate in the case of a dispute.
4. Look at your property survey
The survey is a document with a rendering of the property lines and measurements, and should have been given to you when you bought your home. The distance from your house to the property line and the street should be shown on the survey. Use the measurements and details about surrounding landmarks to visually determine the property lines and avoid land disputes with neighbors.
How Are Property Lines Calculated?
Property lines are almost always calculated using a shared protocol called the RSS or Rectangular Survey System. Professional land surveyors use the RSS to create roughly equal rectangular parcels of land, which can eventually be added and measured to create a total property outline. Through the RSS, all land parcels are divided into sections measuring about 1 mile across. However, the land parcel divisions are usually not perfect because of environmental factors like lakes, tree lines, rivers, and roads. Parcel lines are also separated into meridians and baselines, which run north to south or east to west.
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