The POWER of the Property Line
How many people actually know where theIR property begins and ends?
Having knowledge of your property line is quite a powerful thing. This information can make or break relationships with your neighbors when disputes arise. When you’re buying or selling a property, this information can tell you exactly what you are buying or selling. In the most vague way, such information enables you to make the best decisions possible with regard to property ownership.
Here is how it works
Property lines are calculated using a protocol called the Rectangular Survey System or RSS. Widely used across the country, RSS is used by land surveyors to develop a system of rectangular parcels of land, that can be added and measured to create an outline of the property. In this way, RSS works by dividing all land parcels into roughly 1-mile sections. These sections are hardly ever perfect as roads, creeks, rivers, lakes and tree lines often get in the way of the perfect mile and thus are “rough estimates”. The lines are then separated into two types: meridians and baselines. Meridians run north and south, baselines run east and west. In planned subdivisions, each property will be measured with RSS and identified on an associated plat map. A plat map which is that of a town, section, or subdivision, that indicates the location and boundaries of individual properties. These maps show aerial views of your property, as well as detailed measurements of its dimensions and can be found online or at your local county recorder or assessor’s office. Property lines help you share information with your mortgage lender and/or title insurance company, who will often need to know the property lines as they are setting the terms of your agreements with them.
Ok so, now that you know how to obtain your property line information, how exactly does that help you be a better neighbor?
Boundary line agreements are the key to this equation. In a perfect situation, your fence line would sit on or very near your property line but we know very few things in life are that simple and easy. Possibly even, the previous property owners may not have known their own property line information and erected fences and other things in places that are inappropriate. In this case, a boundary line agreement can save you from the nasty business of going to court. Boundary line agreements are written legal contracts between neighbors. They are made to settle disputes over property boundaries outside of court. Boundary line adjustments are made when property owners want to exchange land, redefining the property line between them, typically done without involving money. Boundary line agreements are specifically used when there is a dispute over land and its use. Here’s an example of how this works:
One of the most common reasons for a boundary line agreement is when a neighbor has encroached on your property by building a structure on it. Often, this issue is only made known because you did a land survey for another project and discovered your neighbor built on your land. In order to retain the title to that piece of property, you can create a boundary line agreement with your neighbor. In this agreement, your neighbor acknowledges their mistake in encroaching on your property and you allow the structure to remain standing. This allows you to retain legal ownership, your neighbor to use what they built, and for you both to stay out of court. You retain the right to the property and if the structure is torn down or destroyed, the neighbor must rebuild it on their property. If you wish to cede the property to your neighbor, you can file a boundary line adjustment, though you’ll need to pay review fees, and the process takes longer than an agreement. Regardless of your decision, you need to do something if you ever intend to sell or transfer the property. A neighbor’s structure on your property may make things more complicated the longer it goes unaddressed.
Pretty powerful information, right? As a homeowner, knowledge of your property lines gives you the power to settle disputes and also makes you a responsible homeowner with the power to maintain the value of your property. And when you’re buying a property, the property line lays out in black and white what you are buying. Knowledge is power!
ABOUT FRANCISCO SALGADO
An expert at finding solutions in the home buying and selling process, Portland real estate broker Francisco Salgado takes great satisfaction in helping home buyers be good neighbors. Contact Francisco so he can help you dig where you live, 503-951-8548.