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The Danger of Not Understanding Property Line Laws



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If there was one piece of advice I could give to homeowners, it's to get a survey before closing on a home or doing any kind of major work in your yard.  I saw a very real recent example of this that I show in my latest video.

As a homeowner, you simply have to understand where your lot lines really are.  It's not enough to have an idea or “guesstimate” of where your lot lines are.  In this current situation, a homeowner put an elaborate pond and waterfall in their yard.  It's beautiful, but the seller never did a survey to find out for sure where their lot lines are laid out.

As you can see in the video, there is a survey stake on the lot line right now because one of the homeowners did a survey recently.  Unfortunately for the homeowner who built the expensive and elaborate waterfall and pond, all of their electronic mechanisms as well as 4 feet of their pond are on the wrong property.  Ouch!

Up until now, the homeowner has been refusing to move their pond.  That forced the other homeowner to have an attorney send them a demand letter telling them they have to move it.  We'll see how this all pans out, but it didn't have to happen this way.

Getting a simple survey before doing any kind of major work in your yard, such as adding a fence, can save you a lot of headache, hassles and money.  The law is very clear about lot lines, so don't guess where yours are.

Often, homeowners have a question about trees that might also be on the property line.  As you can see in the video, there is a big tree that is also on the lot line with its branches growing over onto the lot that has the pond.  The legal owner of the property has the right to trim the tree of another person, but they cannot destroy it.  Of course, it's always best to talk to the owner of the tree before trimming it.

If the person who trims the tree ends up damaging it or destroying it, they could be liable for 2 to 3 times the value of the tree.  Of course, how do you value a tree?

There is no question that property lines can become a heated point of conversation if no survey was done prior to the commencement of work.  Protect yourself in the beginning by getting a survey of the property.

If you have any questions about this or any other real estate matter, give me a call.  I'm always happy to help!

1 comment :

  1. That forced the other homeowner to have an attorney send them a demand letter telling them they have to move it. click here

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