A “boundary line” is a legal phrase that refers to the area that a plot of land covers. It is typically defined by using either a property surveyor or GPS technology. The characterization of your boundary lines can usually be located in the property’s recorded title.
Defining the boundary lines of your property can frequently be a difficult task that could lead to conflicts with your neighbors. Many counties and cities have regulations regarding how close a building or structure can be to a property line.
In addition, numerous counties and cities may also have regulations about the number of trees, shrubs, vegetation, and so on that are allowed to sit along a property line. Such practices are generally based on that location’s local history or problems concerning fire safety.
A critical element of having a clearly specified boundary line is allowing the property owners to comprehend their responsibilities. Whether it is an overgrown tree or a big area of dried brush that needs to be cleared, it is not always obvious which neighbor should be accountable.
If you are fined by the city or suffer severe property damage because someone did not take care of a nuisance on their property, resolving these issues with your neighbor peacefully can make such concerns go more smoothly for both parties.
While boundary lines of your property are not always obvious, you do not have to leave it up to chance or assumption. Instead, you can agree on a boundary line with your neighbors even if it is not 100% correct. Be forewarned, however, that this might still generate some altercations down the road.
How Can Two Property Owners Make a Boundary Line Arrangement?
There are only specific cases where boundary line arrangements will be considered legally enforceable.
For it to be enforceable, the following elements must be present under the agreed boundary doctrine:
- The landowners are uncertain about where the actual boundary lines lie;
- Both landowners settle on the new boundary line;
- Both landowners must act as if the compromised boundary line is the actual boundary line; and
- The landowners should identify the new boundary line with a marker by building a fence.
If any of the elements listed above are not present, the agreed-upon boundary line may not be enforceable. However, suppose all of the above requirements are met. In that case, the agreed boundary line will be enforceable, even if a property surveyor later determines that the true boundary line is located somewhere else between the properties.
How Do I Resolve a Conflict Over Property Lines?
Although the above list acts as a broad approach for what must transpire to form a boundary line agreement, it does not necessarily cover what occurs when a dispute emerges. Also, running to hire a lawyer is not always the proper reaction, particularly when it comes to conflicts between neighbors.
Suppose the two neighbors have a history of tension. In that case, a party may want to begin discussions by dropping off a note that informs the other neighbor about their intentions regarding the boundary line. That party should also be ready to give their neighbor a proper amount of time to respond to their note so that the problem does not presently become stressful or confrontational.
If their neighbor refuses to concede, the party should check to see if their local county or city offers its residents the option of mediation or arbitration for disputes. Generally speaking, many counties offer their residents free mediation, especially in neighborhood disputes. This is so that they can steer the local courts clear of managing problems or situations that do not always call for litigation.
Additionally, the most crucial thing to keep in mind is that putting the approved boundary in writing should not make associations with neighbors aggressive or disagreeable. Instead, both parties should consider the written agreement as a way to maintain order. This can be extremely useful in circumstances where the unforeseen occurs, such as a tree crashing through someone’s roof.
Many individuals see anything formal or legally binding as not being “neighborly.” In reality, neighbors should take such an opportunity and use it to confirm that they can concentrate on living peacefully and are not battling over a disputed property line.
What Occurs When Landowners Make a Boundary Line Agreement?
Once both parties consent to a detailed boundary line, they will enter into a written lot line agreement, which is an agreement that confirms the boundary line on a parcel of land. The arrangement functions to move the lot line if the portion of property originally belonged to one of the parties, but they are now agreeing to make it part of the other party’s land.
Lot line agreements are legally binding in a similar way to as if the parties were signing a contract. Interestingly, the agreed boundary doctrine makes forthcoming owners subject to the parties’ new agreed-upon boundary lines. Therefore, before the parties enter into such an arrangement, they should review their local zoning and subdivision property lines to verify that their agreement will not infringe on either of those lines.
How Do You Dispute a Boundary Line Agreement?
Despite compromising, disputes over an agreed-upon boundary line can still happen. This is because an agreed boundary line can generally be challenged so long as there is no evidence of a past agreement.
For example, if there is no proof that a past agreement was made, it will not matter if the parties erected a fence or assembled the agreed boundary line known in some other manner. There must be evidence that the parties entered into an agreement.
A disputed boundary line can cause weighty issues, particularly when a person’s house sits on or intersects the boundary line that their neighbor claims is accurate. If their neighbor is ultimately right, then the individual may need to pay them for that portion of the land or, if possible, move the structure, so it no longer sits on their property.
Scenarios such as this are why the parties should always put their agreed boundary line agreement into confirmed writing. This way, it provides evidence that the parties can refer back to in the event of a settled boundary line dispute.
Do I Need to Hire a Lawyer to Draft a Boundary Line Agreement?
It may be in your best interest to hire a local real estate lawyer to draft your boundary line agreement. By retaining separate lawyers to prepare the contract, it can offer the parties extra protection regarding its terms and resolve any inconsistencies or disputes before signing the agreement.
In addition, a lawyer can also research the relevant state laws in your area to determine if your state follows the agreed boundary doctrine and, if so, discuss what steps are necessary to make your agreed-upon boundary line official.
Use LegalMatch to find a local real estate lawyer. A local real estate lawyer can help you resolve any boundary issues you may have with your neighbors. Schedule a free consultation with a real estate lawyer near you instead of quarreling with neighbors about fence lines or property boundaries. Spare yourself conflicts with your neighbors by hiring a lawyer today.
