How to Determine Who is at Fault in a Property Line Dispute

By: Frank Smith | Posted: 24th March 2010

"Good fences make good neighbors." Do you agree with this statement? Having some space between you and your neighbor can be a good thing, but in order to put up that fence you'll need to know your actual property line! It's also good to have an exact property line defined if your home is being inspected or evaluated for any reason, and especially if you're looking to put your home on the market.

So how do you determine your property line? If you're in a dispute with your neighbor and cannot resolve the issue or issues between you, consider a few quick tips in this regard.

Zoning Laws

Often neighbors have disputes because one neighbor is doing something to their property that another neighbor feels will disrupt their view or enjoyment of their property. In many cases, zoning laws will prevail - if the neighbor complies with zoning laws, they can add that addition or pave over their entire backyard if they so desire.

However, those zoning laws are different in every single area and may address your concern. In some cities there have been laws passed against "Bigfoot" homes, meaning those that stretch so far to their property borders that they disrupt a neighbor's view.

Other Clauses

Very often there are laws about property line disputes that take into consideration extenuating circumstances, such as the age of a home or how long a driveway has been in place. In other words, your neighbor may actually find out that your driveway is technically a foot into their property, but the law may not force you to move it if it's been there for several years.

All of the many different laws about property lines are one reason why it's very difficult for neighbors to resolve these things on their own. Determining the fault or responsibility of one neighbor over another is never an easy matter, and trying to handle such disputes on your own can result in strained relationships. It's always best to speak with an attorney that is familiar with such disputes and that can help with a legal determination over property rights. This article should not replace legal advice from a skilled attorney.

Learn more at www.WurtzelLaw.com – Elan Wurtzel, PC – Plainview, NY
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Tags: regard, fence, neighbor, fences, zoning laws, clauses, extenuating circumstances