Actually, there are two kinds of property boundary. One is the legal boundary which is a line on a plan or a description of the area that divides one property from another. The other is the physical boundary which is the structure or barrier that separates one property from another like a fence, wall or hedge.
The best way to find out who owns which side of the boundary is to check the description in the Title Deeds of the property. Now we want to know not only who is responsible for the maintenance of the shared fence, but at least also know how to deal with neighbors in case of a dispute.
Before building or making any additions on your property, it is important to have it professionally surveyed and prevent possible encroachment. You can use your boundary lines to determine where you can legally place your structure and avoid lawsuits.
Whether it be a private or commercial property, when there are conflicting views about boundary lines, there would always be arguments! The land surveyor may include easements on the drawing if they have a copy of the title commitment.
You must have realized by now that the location of property boundaries is an essential but often overlooked element of real estate. It is the surveyor’s most complex and error prone task.
Here is something you should know and should be able to differentiate. A boundary line remains fixed forever where it was located initially, but a property line may change by legal principles, including agreement and adverse possession.
Once a boundary line is created in the field or on paper, but been modified or altered, it becomes a property line. Because surveyors create the boundary lines and because a property line is a result of law, only the courts can certify boundary and property lines.
When a boundary line is created and identified, it maintains its legality and position even if the corners on its extremities become lost. The law recognizes a boundary line as being a legal entity.
When a boundary line is created and as long as evidence of that line exists, the line is controlling! However, although a true boundary is controlling, land surveyors, in retracing true boundaries, may consider it necessary and prudent to evaluate property boundaries.
Do you need a property boundary survey? Call
435 623 0897