Re-Establishing Property Boundaries

Establishing Original BoundariesExamining Boundary Disputes
The old saying, "A good fence makes for goodMost disputes over boundaries take place when
neighbors," should probably be the unofficial mottothe original markers have disappeared, or it is
of the land surveyor. Municipalities around theunclear from deeds of sale or similar
world derive tax revenue and other benefits bydocumentation where the property begins and
knowing exactly where one owner's land stopsends. If permanent markers have been installed, a
and another's begins. Over the years, even insurveyor need only determine that they are lying
first-world countries with accurate land-use mapsin the proper spot, which can be done by
and an unbroken string of accurate deed-transfercomparing a GPS reading to the ownership
data, the knowledge of the exact boundarymaterial on file with the local government entity.
between my property and yours can be lost orIn cases where markers no longer exist or
misrepresented. Surveys are conducted topaperwork is infused with vagueness (see the
establish initial property boundaries.description above), one party to the dispute will
This information is filed away in plat books andoftentimes engage the services of a surveyor to
gets updated every time a piece of land changesre-establish the correct boundary line. It is not
hands or is subdivided among multiple owners. Inunheard of, however, to see especially combative
the old days, surveyors relied on naturalopponents hire experts who may provide
landmarks to help delineate property divisions. Anconflicting reports, with each presenting "proof"
entry might read something like this: "Theadvantageous to their respective client. Under
westernmost boundary is formed by a linesuch circumstances the case usually ends up in
exactly four meters east of and parallel to a linecourt, where a judge will rely on evidence that
drawn between the NW corner of the retainingmay include issues of historic occupancy or
wall and the center of the oak tree in the SWadverse possession. This latter term is also known
corner. Of course, once the wall erodes and thecolloquially as "squatter's rights," where someone
oak tree falls during a windstorm, so much forhas used a particular piece of land for many years
knowing exactly where the boundary lies.with full knowledge of the actual owner.
The Boundary SurveyThis situation is common in disputes that involve
When establishing property boundaries, the role ofboundary fences, with a landowner constructing a
a land surveyor includes performing the followingfence on the neighbor's side of the line, where it
tasks:o Show boundary lines on a map and includehas remained for decades without objection. A
length, lat-long coordinates at the corners, thecourt may rule that such encroachment, having
measure of interior angles, and so ono Append togone unchallenged by the injured party, would
the document a legal description of the propertyeffectively transfer legal title to the encroacher
being surveyedo Note the area in acres orwithout the necessity of monetary compensation.
hectares, depending upon the conventional unit ofThe rule here is clear. If your neighbor decides to
measureo Describe manmade structures such asbuild a fence, make sure it is being constructed on
buildings, fences, roads, etc.o Note easements andhis or her side of the line by relying on the
other land-access issues that may result fromre-establishment of the correct property lines.
roads, utility lines, water, and other rights of wayoHiring a surveyor to protect your interests is
Leave some sort of physical mark that showsalways a wise decision.
the boundary lines, or at least property corners