what type of attorney for residential property building lines

If you own property, a housing and construction defect attorney can help with problems discovered during or after construction. Construction defect attorneys handle structural engineering defects (e.g., leaky roofs and dry rot) and contractual disputes (e.g., excessive costs of construction materials and labor and the use of defective materials).

Full Answer

Do I need a lawyer for a property line dispute?

A local property attorney will be able to understand the complexities of title ownership and boundary line disputes. They also will know which laws apply in your particular jurisdiction and the best way to resolve your issues.

When should you hire a property attorney for boundary lines?

Dec 15, 2021 · With a land survey, any property line dispute can be settled. Land surveyors act as legal arbiters, and a land survey will hold up as evidence in court. This clear map of property lines can eliminate awkward or heated discussions with your neighbor. Hire An Attorney. When a property line dispute becomes serious, hiring an attorney is the next step.

What does a housing and construction defect attorney do?

If you own property, a housing and construction defect attorney can help with problems discovered during or after construction. Construction defect attorneys handle structural engineering defects (e.g., leaky roofs and dry rot) and contractual disputes (e.g., excessive costs of construction materials and labor and the use of defective materials). Use FindLaw to hire a …

Why should I hire a local property attorney?

Apr 27, 2021 · There are many types of property line disputes that may arise under property line rules. These types of disputes are common among adjoining neighbors or businesses that are near each other. They may also be common in situations where a business is located in close proximity to a residential property.

How do you legally change property lines?

How to Amend Property LinesTalk to your neighbor to see if she will allow you to purchase enough additional property to move the boundary line to the desired location. ... Enter into a boundary line agreement. ... File a court action to establish the property boundaries.More items...

What can I do if my Neighbour builds on my land?

Put up 'Private Property' or 'No Trespassing' signs that state trespassers will be prosecuted to deter entry. Build a fence or a wall, being sure to keep to your own property's boundary and seeking planning permission if necessary. If the trespassing persists, seek legal advice.May 19, 2016

How do you win a boundary dispute?

How to win a boundary disputeTry to resolve the dispute amicably where possible. ... Make sure you obtain Legal Expense Insurance. ... Collect the evidence quickly. ... Find a decent expert - not just your local surveyor. ... That expert will need your title deeds. ... Speak to family, friends, previous owners and neighbours.More items...•Feb 8, 2013

How do I find my property lines online?

Yes, you can find your property lines online. Your county may have online maps for all of the real estate in your area, accessible through the official county or assessor's website. Property lines can also be found through any online search engine on Geographical Information System (GIS) maps.Dec 27, 2021

Can you build on boundary line?

Without a neighbour's agreement, there is no right to build a wall over the boundary line. The Party Wall Act DOES permit foundations to be built over the boundary, but only 'where necessary'.

How long do you have to maintain land before you can claim it?

Adverse possession checklist Minimum time requirements – Before any adverse possession application can be considered you must have been using (or in possession of the land) for at least ten years.Feb 22, 2018

What are the 4 types of boundary disputes?

Broadly speaking, the majority of these disputes can be broken down into four categories:Lot line disputes.Fence, landscaping, and outbuilding disputes.Access disputes.Adverse possession claims.Nov 25, 2020

What is the 7 year boundary rule?

Some believe that there is a 7-year limit on adverse possession, meaning that a squatter can take ownership of land after they have been using that land without the owner's permission for a certain amount of time.Dec 6, 2021

Do title deeds show boundaries?

Boundary responsibility is always mentioned in the Deeds and if it is not then they are party boundaries. Often boundaries are not marked out in terms of precise measurements. The Land Registry Title Plans are always to scale. However, you cannot rely upon this as an accurate measurement to determine the boundaries.Jul 1, 2018

How close to property line can I build a fence?

Check Rules and Regulations Typically, fences are installed anywhere from 2 to 8 inches from a property line in most areas. Some areas might allow to go right up to a property line, especially if you live in an urban row house where every inch makes a difference!Aug 1, 2019

How accurate are property lines on Google Maps?

Are property lines on Google Maps accurate? No. Google Maps are not that accurate, and you shouldn't rely on them as a source for factual information regarding property lines. Much like a plat map, they only provide a general idea of where property lines exist.Jun 29, 2021

Is there a way to see property lines on Google Earth?

Does Google Earth show property lines? Google Earth used to display property lines, however, this feature is no longer available.

What happens when neighbors dispute a fence?

Neighbors rarely begin random arguments over boundaries. More often, boundary issues arise when a property owner makes improvements or changes —erects a new fence or wall, for example. A dispute against a neighbor might soon become ripe for a lawsuit if the neighbor: 1 constructs an improvement that clearly crosses a property line 2 fails to obtain building permits before starting work or installations 3 doesn't obtain approval from a required source such as a city or town planning commission or homeowners’ association 4 builds an improvement that violates a state law, local ordinance such as a zoning restriction, or the covenants, conditions and restrictions (CC&Rs) of a homeowners’ association. 5 constructs an improvement that violates a restrictive covenant (a clause in a deed limiting property use), or 6 interferes with an established property use, such as by blocking a path or driveway.

What to do when neighbors have different understandings of where the boundary line is?

When you realize that you and your neighbor have different understandings of where the boundary line is, you should be proactive. Schedule a real discussion, where each of you brings your various legal documents, largely from the home transfer and title insurance files — deeds, plat maps, and property surveys —to the table.

Do fences make good neighbors?

They say good fences make good neighbors. Indeed, having a clear sense of boundaries — where your land ends and your neighbor's begins — is critical in maintaining a good relationship. Because your land —and your neighbor's—is probably your most valuable asset, boundary disputes can become heated very quickly.

Can neighbors argue over boundaries?

Neighbors rarely begin random arguments over boundaries. More often, boundary issues arise when a property owner makes improvements or changes —erects a new fence or wall, for example. A dispute against a neighbor might soon become ripe for a lawsuit if the neighbor: constructs an improvement that clearly crosses a property line.

What is boundary dispute?

A boundary dispute might be a question of confusion or uncertainty. Perhaps neither you nor your neighbor has ever really looked at your respective deeds, and both had different assumptions about the extent of your property. A boundary dispute can also be for technical reasons; perhaps your neighbor's deed actually shows possession ...

Can you sue a neighbor for trespassing?

First, you can sue for continuing trespass or ejectment. In a continuing trespass or ejectment action, you are asking a judge (typically a state court judge) to find that your neighbor is trespassing on your land, and further ordering that the neighbor remove him- or herself and any possessions.

What is the best way to resolve boundary disputes?

There are different types of boundary disputes, and different approaches to solving them. Cooperation and diplomacy, however, are often the best solutions, no matter which side of the fence or property line you’re on. A lawsuit against a neighbor is seldom a good idea.

What is a property line?

Property lines (also called boundary lines) are the invisible lines that define your property. They are outlined in your property deed, telling you where your property ends and where your neighbors’ begin. Property line disputes can arise in a variety of ways. Storms can knock over a tree into your neighbor’s property or your neighbor could build ...

How to deter trespassers?

Put Up Signs And/Or Fences. If you live in an area with a lot of open land, it can be useful to put up signs to deter trespassers. “Private Property” or “No Trespassing” signs help define your property so anyone occupying it without permission is aware they’re trespassing.

Where does Andrew Dehan live?

He is also a published poet, musician and nature-lover. He lives in metro Detroit with his wife, daughter and dogs.

Can you take your neighbor to court?

An attorney can also advise you on steps to take to prove your right to the land. Don’t expect taking your neighbor to court to help your relationship with them.

What is encroachment in property?

Encroachment is defined as one property owner crossing over their neighbor’s property lines, whether by building a structure or extending a feature. Encroachment can be something as simple as letting your tree’s branches grow over into your neighbor’s yard. Or maybe they build a fence that crosses over into your property.

How much does a title search cost?

With a title search, a title company or attorney typically conducts the title search. On average it costs $75 – $200. You’ll be supplied with a report on the documentation of your property, along with a list of potential encumbrances.

What does "no trespassing" mean?

Trespassing at its most basic means knowingly occupying land that isn’t yours. Images of “No Trespassing” signs along rural roads may come to mind. These signs are part of the fact that trespassing can’t be done unwittingly. You must know it’s neither your property nor public property

How to determine cost of survey?

Typically, the cost of the survey is dictated by the following factors: 1 The size of the piece of land to be surveyed; 2 Whether an accurate subdivision map already exists; 3 The geographic location; and 4 The last time a survey was conducted.

What is a property line?

Property lines, also called boundary lines, are what marks the legal boundaries of a plot of land. They are essentially imaginary borders. The deed to the property is usually what defines the property’s boundaries. However, the deed may be superseded in the following circumstances:

How are property lines determined?

Property lines are usually determined by a professional property survey conducted by a professional property surveyor. The surveyor locates the precise boundary lines of a piece of property and provides a report which includes: Easements. The surveyor performs their work by researching the current property deed.

What are some examples of zoning issues?

Examples of property line disputes involving zoning issues may include the location of a property line that indicates where commercial activities may or may not be conducted. Zoning issues may also involve access to public areas.

What is zoning dispute?

These types of disputes may involve the entire piece of land or a small piece of the property, such as an alleyway or space between two residences.

What does a land surveyor do?

Additionally, the surveyor will perform a title search, which reveals the history of ownership of a piece of property, and how the property was transferred from one individual to another. If an individual hires a licensed land surveyor, they will come to the land and mark the boundary lines, usually with colored flags.

What does a survey reveal?

A survey often reveals that an adjoining property owner has encroached onto the surveyed property. It is always best to try and communicate with the individual first to see if it is possible to resolve the dispute. It is essential for an individual to hire an attorney as early as possible in a property line dispute.

What is the Washington State statute?

A Washington statute provides a mechanism for resolution via judicial intervention providing both parties are in agreement. If the parties are not in agreement you may need ...

What is the Washington State statute for boundary disputes?

A Washington statute provides a mechanism for resolution via judicial intervention providing both parties are in agreement. If the parties are not in agreement you may need to proceed with a suit...

Florida Real Estate Law Attorneys are the Key to Successful Real Estate Ventures

When you’re searching for that perfect home or business investment, you shouldn’t be hassled by the small things. But what happens when the small things become big? When you choose to ignore the inevitable, avoid the necessities, or sideline the details that end up mattering the most; the small things can become big.

The Reality of Real Estate

There are many reality TV shows on television these days, and a large number of these TV shows deal with the real estate market. Shows such as these inspire many individuals to try their hand at the world of real estate. However, the reality of the real estate world is much different than what TV shows project.

How a Florida Real Estate Law Attorney Can Help You

Perhaps you are considering a real estate investment in Florida. Many individuals, both local and international, consider real estate investments in Florida for countless reasons. Some individuals choose to invest in commercial or residential property. Commercial property pertains to retail spaces, warehouses, and more.

Other Real Estate Considerations: Making Florida Your Domicile and The Florida Homestead Exemption

What is domicile? Domicile is the legal term used to describe where your place of residence is, or where you currently live with the intention of making that place your permanent home.

What is an easement in Florida?

An easement, in general, is a right to go onto someone else’s land without having any ownership interest in it.

What are the two types of easements?

Types of Easements. Not all easements are exactly the same. There are two broad categories of easements: easement appurtenant and easement in gross. An easement appurtenant benefits one parcel of land to the detriment of another parcel of land. The land that has the easement on it is called the servient estate while the land ...

How are easements created?

How Easements Are Created. Landowners and other individuals create easements in a number of ways. An express easement is a formal way of creating this right and requires a written agreement. The contract must be signed by both parties involved and are usually recorded on the property deeds.

Defining Boundaries and Property Lines

• What are boundaries or property lines? Essentially, these are the lines on a county’s tax map that define and set apart different parcels of land. In condominium units, these sorts of “lines” are very simple, since you can easily spot the “beginning” and “end” of an apartment unit. But boundary lines can become more complicated in single-family residential, suburban, or rural settings. Whil…

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