Each neighbor should sign a quitclaim deed, transferring to the other neighbor any right they have to the property that falls on the other side of the line they have agreed on. A later case also allowed a utility easement to be assumed as part of a vehicle access. If you have questions about property lines, mapping, land records, or need tax information and property cards, please call the Tax Department at 336.342.8401 and speak with land records or visit their website here. For example, if you locate property pins 60 feet apart along the front of of your property but the plat says your lot is 50 feet wide, one of those pins may have been moved, and the front of your property is § 36-7-12. The Office is located on the second floor of the Indiana Government . In the next four paragraphs we will examine two relevant statutes as a background to understanding the case law that has evolved concerning fence and boundary lines. INTERIOR LOT LINE means any lot line shown by plat or deed of separately described parcels of land making up a building lot and located within its boundaries. Acquiescence is a legal concept that determines the boundary line between two properties and overrules the boundary listed in the deeds. by: Jane M. Myers, Esq. When a dispute arose about the boundary line between the parties' property, the title owner bulldozed the fence and replaced it with one on the line he claimed was the actual property line. Find Oregon Property Records. Anytime thereafter the property line will evolve from the location of the lot line based upon the land usage and occupation. If the law of acquiescence applies, one property owner loses title to some amount of land and the other property owner gains it. The law regarding fence and boundary line disputes is a combination of legislative statute and case law. Hatching or shading: Companies have typical hatchings that they use to represent items, such as using small dots inside of a concrete area, using angled lines to represent a deck . Also known as a set back line, a building line is the distance from the ends and the sides of a city lot beyond which building construction is not allowed to extend. Rather, Georgia Land Surveying verifies the property line measurements against the recorded deed, then marks your property line with wooden stakes placed 50 feet apart (or closer or farther, as you require). A property line is a legal boundary line that defines your property and separates it from your neighbor 's. If your neighbor has a fence, a structure or a new addition to his home that crosses your property line, this could end up becoming a boundary dispute. Dedication of property is the donation of real estate for a public purpose. It is used during real estate transactions to help buyers understand the size and features of the property they are buying. The constricted property lines also occasionally lead to encroachment by one party or another. Means a lot line, not a front lot line, that is parallel or approximately parallel to the front lot line. Label the lot lines or easements to be removed with "Lot Line Hereby Vacated" or by type of easement, such as "8' . Get a survey plan and keep it secure. This way, when the buyer purchases a lot, they know exactly what property they're buying. Rather, the property line is established in legal documents. Sample 1. Both parties must sign the document to make it official. The line in question showed that the old fence was fully in my property and that they had some 7 more inches of my property. The deed is part of the transfer of an asset, which includes the title. It divides the land into square townships. Obtain a survey of the property to see if there are any easements and where . Based on 1 documents. Property deeds are legal documents used in real estate that transfers ownership of real property from a grantor (seller) to a grantee (buyer). Ownership and Easements In addition to the boundary information shown, you will see adjacent land owner's information as well as any easements or right-of-ways affecting the property. Check with the county clerk or county land records office to find out whether the prior deed shows an easement. Property Line Adjustments are processed administratively and typically take six to eight weeks. A lot line, also known as a property line, is the legal boundary around a piece of land. A home title is different from a property deed. Land surveyors will set the lot line using surveyor . There are fast, easy, precise, and cost-effective ways to find property lines, whether it's for a property you own or one you plan to purchase. In Figure 2, a deed call of S 0 ° 23' 44" E 290.40 feet represents a line pointing down (S) and to the right (E). In a later survey, two stakes are found along rear line with a linear distance different than 68.5. A boundary fence is a fence that is located on or near a property line, though the exact definition can vary by state. There is a fine line with property owners and easements, and it is imperative you make sure you are always in the legal right. A property line search can provide information on property boundaries, property line markers, subdivisions, parcel numbers, property boundary locations, lot dimensions, property records, property line divisions, property appraisals, public property lines, unclaimed parcels, property owner information, and zoning boundaries. Your county deed and assessor's office may already have a copy, or you may have paid for one when you purchased your house. Adjust a property line that resulted from a subdivision or partition authorized by a waiver so that any lawfully established unit of land affected by the property line adjustment is larger than: (A) Two acres if the lawfully established unit of land is, before the adjustment, two acres in size or smaller and is high-value farmland, high-value . Within that context, the term hostile means that a person possesses the land of another and intends to hold to a specific, recognizable boundary without regard for the true boundary line. Once the deeds are recorded (put on file) in the county land records office (usually in the courthouse), there will never again be a question about the boundary. Because this is a tangible survey with visual results, no survey map or plans are provided with property line staking. Easements appurtenant are attached to the land and are transferred automatically when the servient or dominant tenement is sold to a new owner. However, it is easy to . Search for Ohio property lines. Dowgiel v. Reid, 59 A2d 115 (Pa, 1948). If this is a newly created lot from a larger senior parcel and the deed itself starts at a point/monument/etc on the edge of the 50' ROW being whatever number of feet from the center line of the constructed road (pretty common language in my area) the surveyor could definitely be correct to hold the distances cited in the deed from that edge of . You may require legal council depending on the situation. We had a property survery performed by a professional suvery company(my neighbor was home when the company came to survey our property, and was in complete agreement with what he found at that time), went to the township to find out about coding/zoning laws, purchased a zoning permit to erect a six foot privacy fence on once side of our property, keeping the . § 36-7-12. For example, say one line in your deed is ".N 15° E, 330 feet to a stake in William Buchanan's line." There is a wealth of information in this one line. Colors of these lines can vary. To learn more about boundary fences, including how they are defined, when a neighbor is allowed to build a boundary fence, and who is responsible for repairs and maintenance, see . The line represented by this is shown in black, starts at green and ends in red. Adverse Possession. This is a legal principle whereby land may be acquired by someone other than the record owner if certain conditions exist for a period . As fences are built, or trees are planted, it is easy to lose track of the legal . 1. Check Your Deed. 1. Guyse v. Chappell, 367 So.2d 944 (Ala. 1979). Make sure you know the page number of the section map where the piece of property is located. The fact that the property lines and other information on the plats were generated by an outside source, and thus, constituted hearsay might well preclude the plats as presumptive evidence under O.C.G.A. The Land Office is open by appointment only. A landowner can lose or gain land by a legal concept known as "adverse possession". Colors of these lines can vary. If the subject deed contains such language as "thence with a fence", "along a fence" or "following a fence" then it is a safe bet that the fence is the property line if the fence in question is the original fence called for in the conveyance. Typically, property line disputes arise from one of two sources: encroachment, or a problem with the recorded deeds. Surveyor marks showed a significant discrepancy and encroachment by my next door neighbors, the ones that said I had to cut my driveway. For example, if the deed states that the property line begins on the west bank of the Chattahoochee River from there eastward, that intention will control, and the deed would convey the entire riverbed. For example, if someone acquires land thru adverse possession, prescriptive easement, etc, their deed might only go to a monumented line as stated in the deed (boundary line), but their property line is 50 feet past that from the adverse possession. Use a Property Line Map. Property Line Survey vs. Use a property line map. If you plan to flip a property, for example, that might require investing $10,000, $20,000 or more into it first to get it ready for sale. A township, which is 6 miles on each side, is divided into 36 square-mile sections. A fence line built between the subject property and any adjoiners is only a fence line until acquiesced to by the property owners. The adverse possessors brought suit to determine the actual property line, whether it was the old fence line that had been there for 40 years or the new . Check Your Deed. Real property is land or anything . You identify a township by reference lines: an east . Get the newest tax map and your deed, unless you have your own copy. A deed contains a description of the property (including property lines) and denotes the seller/grantor and the buyer/grantee. Hatching or shading: Companies have typical hatchings that they use to represent items, such as using small dots inside of a concrete area, using angled lines to represent a deck . Most likely, the fence is intended to sit at the boundary line. No stakes are mentioned, nor any "plus or minus" language. For example, part of Lot 1 is conveyed to the owner of . By executing a quitclaim deed to settle boundary lines, each neighbor transfers to the other neighbor any right they have on the property that falls on the other side of the agreed-upon boundary line. It is used during real estate transactions to help buyers understand the size and features of the property they are buying. Do a property line survey. Let's break down each of these techniques one by one. Lot lines or property lines are typically lines plotted on a map, plat or survey. Glossary of Terms Used in Boundary Surveying 323 Legal Description The portion of a deed which describes the property or interest in property being conveyed Line The direction in which the instrument vertical cross hair is pointing Link 1/100 of a Chain (0.66 ft.) Littoral Rights Property rights related to water boundaries along an ocean or lake Locate Using an instrument to turn an angle and . The survey must also be filed with the County Surveyor. Use It or Lose It: Property Owners and Fence Lines. Along with the application form, the current and proposed legal descriptions of the property prepared by a land surveyor must be submitted. A boundary line agreement is a legal contract to settle disputes between neighbors over property boundaries and provides an agreement on property line usage without going to court. Typically, property line disputes arise from one of two sources: encroachment, or a problem with the recorded deeds. If not, these usually cost $500 to $1000 from a qualified surveyor. The deed is the physical document that conveys the title to the new owner when you sell your home. INTERIOR LOT LINE means any lot line other than a front or rear lot line. A lot line refers to the legal boundary around a piece of property. Deeds will be requested at this time if two or more property owners are involved. property line does not change just because something happened to the pin. A great number of property line disputes start when it comes to putting up a fence. As fences are built, or trees are planted, it is easy to lose track of the legal . Property owners know that life tends to go more smoothly if you get along with your next-door neighbors, especially if you share a fence or there are trees growing near the property line. The property line is the same as the lot line at the instant of its platting. For example, if the street you live on is 30 feet wide but the "plat" (a plan . . Enter one or more keywords and select Search - we'll search the entire archives for you. When the surveyor is satisfied as to the calculated location of the property lines, the field . It's signed by the buyer and seller of the property. Property lines carry a legal implication that is for courts & lawyers to decide. Our state A survey plan is a valuable asset: keep a copy of the survey with all of your other important papers in a safe place. The fact that the property lines and other information on the plats were generated by an outside source, and thus, constituted hearsay might well preclude the plats as presumptive evidence under O.C.G.A. If you are unsure of a situation or think you might have a right to use . Knowing the ins and outs of the deed and property will prepare you for these situations. Title to property is usually transferred by means of a deed. Deeds must be prepared for the new lots, when a conveyance is part of the process. ), you'll need a survey. Use It or Lose It: Property Owners and Fence Lines. Cities often require dedication of property before approving a subdivision. When you purchase an investment property, you will hold both the deed (the written document) and the title (concept of ownership). A lot line refers to the legal boundary around a piece of property. For example, a property line that measures 28m long on a survey plan (plotted on a 1:10,000 scale paper map to the best of any property mapper's ability at . Generally speaking, the most common scenario is that the road is defined as wider than the actual curb-to-curb distance. Conflict resolution can be difficult in these situations because there are only two parties involved. Malcolm Tatum A building line determines how far a new construction must be within the edges of the lot. If you live in New Jersey, you won't find individual surveys for each property filed away. I hired a surveyor to establish the true property lines (4 corners). When you reach the document of interest, you can download it to your computer, print it, or view it on-line. An easement appurtenant is an easement that benefits one parcel of land, known as the dominant tenement, to the detriment of another parcel of land, known as the servient tenement. Sometimes even a hedge can act as a boundary. In a situation like this, by comparing deed copies, you can clearly make out where . Good fences do not always make good neighbors. Advice on buying a home, for first-time home buyers and current homeowners. Review the property deed. The Bottom Line. A home title is conceptual, whereas a deed is a physical document that shows the legal transfer of home ownership from one party to another. First the bearing tells you which direction this boundary line is pointing, more or less. A lot line is the boundary (perimeter) line of a lot or parcel of land. Boundary line adjustment is the process of altering property lines. Plot Plan. Lots can be influenced by a variety of factors that include lot splits, agreements, court rulings, etc. The purpose of this section is to assist in identifying when it is appropriate to use a record of survey filing and deed recordings, and when it is required to use a replat recording and deed recordings. Tax deeds typically represent a larger investment, as you may incur additional costs on top of the outstanding tax debt. The unconfirmed accuracy of property lines in a digital map combined with the varying accuracy of handheld GPS devices can set you off from the true location of the line by several meters. A landowner can lose or gain land by a legal concept known as "adverse possession". A "plat" is simply a property line map. Should your property line extend that far, the public setback will range from the center of the road to a predetermined point in your lawn. Need Help? Lines with an "x": This is a common line type used to show and designate the location of fences. A property line survey is a precise measurement of a land's legal boundaries. 1. electric power line poles to give the home electric service. Find an existing property line survey. The Bottom Line. Unfortunately, disputes between adjoining landowners are common enough that most states have passed laws governing these issues. Otherwise, the surveyor must follow the explicit instructions contained in the deed while . Lines with an "x": This is a common line type used to show and designate the location of fences. The exact location of the building line is determined by the municipality in which the lot is located and may vary depending . How about this? Look for property line markers. It isn't where you or your neighbor thinks the property divides. This is presumed to be the intent of the deed unless otherwise is specifically stated. Most property maps can be obtained from the city or county recorder's office. 3. A lot line, also known as a property line, is the legal boundary around a piece of land. Your property lines are noted in a few different locations, including in the legal description for the lot, which would be on your property deed and on a plat map, which is . In order to know if your fence is on your property line, inside your property line, or even on your neighbor's property (yikes! Get some of the past deeds to your property if you want to compare them and see if someone made a mistake writing them. Encroachments: Encroachment occurs when one party's recognition or use of the property line differs from the property line's legal location. A: Lot line adjustments are a common way to adjust property boundaries but it's probably best if you get some professional help to make sure everything is done the way it should be and you're protected in the process. The deed will contain specific language . If you own the property with a partner, you will also list them on the deed. Acquire A Property Line Survey . A deed call of N 0 ° 23' 44" W 290.40 feet represents a line pointing up (N) and to the left(W). You may be more familiar with the term "property line" than "lot line." A lot line describes the shape and size of the lot of land. For a copy of your deed or recorded survey, visit the Rockingham County Register of Deeds website here. Both you and the buyer will need to sign the deed to seal the real estate deal. The approved application, survey, legal descriptions and the deed of the exchange parcel must be recorded with the County Recorder within 90 days of City approval. " Interior lot " means a lot other than a corner lot. Here are some tips to understand your property lines and the rights that go along with securing those boundaries. Where no lot line is within 45 degrees of being parallel to the front lot line, a line ten feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, it shall be deemed the rear lot line for the purpose of . The property deed will include a description of the property and identify the grantor (seller) and grantee (buyer) for a particular transaction. Property Line Descriptions. The office also approves the legal description of real property prior to purchase or sale by state agencies. If a property line survey is not already included with the plat and the property deed, you can hire a professional surveyor to measure out where your property ends and your neighbor's begins. Property lines carry a legal implication that is for courts & lawyers to decide. A conveys to B a parcel in which the deed describes the rear property line as follows: "thence easterly sixty eight feet five inches by land of A … ". Pope v. Muth, 481 A2d 355 (Pa Super 1984). Colors of these lines can vary. Do a DIY property line measurement. Colors of these lines can vary. The Government Survey System is a federal land survey system that has been applied to most of the land added to the United States since the system was adopted in 1785. To check for an easement on the property, you can take the following steps: Contact the utility companies to see if they have any easements on your property. Tax Lien vs. Tax Deed: How to Invest This data shows the lengths and directions of the lines and is also used to calculate the acreage of the property that will be shown on the face of the plat. by: Jane M. Myers, Esq. Acquiescence vs. A property deed is a legal document that transfers property ownership from a seller/grantor to a buyer/grantee. For example, if someone acquires land thru adverse possession, prescriptive easement, etc, their deed might only go to a monumented line as stated in the deed (boundary line), but their property line is 50 feet past that from the adverse possession. Good fences do not always make good neighbors. The quitclaim deed is a common type of deed, in which an owner transfers any rights he holds on the property to another owner. This is a legal principle whereby land may be acquired by someone other than the record owner if certain conditions exist for a period . Define Lot or Property Line, Rear. With every legal property deed, there is a description of the land with detailed dimensions of a piece of property. A condo building might have infrastructure to deal with an issue, but a property with two buildings doesn't have anyone to turn to. You can get the deeds for the properties around you though. A Oregon Property Records Search locates real estate documents related to property in OR. The information shown on the survey plan is important in assessing and . A lot line is a legal boundary around your piece of land. A typical dedication for a subdivision . Public Property Records provide information on land, homes, and commercial properties, including titles, property deeds, mortgages, property tax assessment records, and other documents. However, this Court has held that if a party claims property by adverse possession beyond a government survey line, the government survey line does not change, but the boundary line between the landowners may be changed or relocated so that the government survey line is no longer the boundary line.
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