Annoying Neighbors: What are the legal limits on my property?

Few things can create instant animosity between neighbors than property line disputes. Tellingly, the term “ground warfare” has been used to describe civil unrest related to property ownership that existed in Ireland in the late 19th century.

Then there was the story of the guy who built his house in the middle of a property line. Almost everyone thought the home site was completely within the property owner’s boundaries. Records at the city office and registered deed showed that the construction site was well within the property boundaries. The house suffered legal setbacks according to the available information. The city issued the necessary permits, banks approved loans, and major construction work began. However, one of the neighbors had some things to say about that place because his registered deed showed a different contiguous property line. The disputing parties hired surveyors. The surveyor’s reports did little to clarify the location of the disputed boundary. Tempers flared. Eventually, the dispute proceeded to legal action.

Most of the time, the mistake is not as expensive as building a house in the middle of the legal limit. In most cases, it’s a new fence, tool shed, or garden feature that brings the discussion to the fore. How can a landowner protect himself when the documentation on which he relies to determine property boundaries conflicts with the deed description of an adjoining property?

Scribner Errors

Landlords should not rely on the property line descriptions found at the municipal office, including copies of registered deeds. To protect themselves, homeowners should start by looking at the recorded history of their property and adjoining lots. It could be a clerical error that went unnoticed in a historical writing that was incorporated into future writing. While tedious, comparing historical records kept with the local government registration authority with current deeds will identify these errors.

Metes and limits

In addition to checking for any clerical errors in the deeds, it is a smart precaution to obtain a current survey of the property line. Surveyors and engineers will be able to find legal property limits and placeholders. One survey may differ from another. Depending on the records used as the basis for the survey, the mobile nature of some boundary markers, and even prolonged use of the disputed property, boundary issues can still occur.

Aligning it

The most important step is to speak with neighbors adjacent to the property before investing money in construction or improvements to the property. If neighboring neighbors manage before things get angry, disputes over the property line can be resolved without starting a ground war.