This is a sample complaint in Circuit Court seeking a determination of the location of Boundary Line between two properties.
Alabama Complaint for Boundary Line
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FAQ
Erecting a new fence, wall or gate will not require need planning permission if:the fence, wall or gate, or any other boundary involved, does not form a boundary with a neighbouring listed building or its grounds.
Describe the violation. Explain that you are giving the neighbor notice that she needs to remove the encroaching structure. If relevant, mention other solutions such as selling the land or giving the neighbor permission to use the encroached-upon area.
Taking the details from the legal description and plat map, a surveyor carefully measures the legal boundaries of your property. The surveyor will bury survey pins if they're not already there and often mark the spots with stakes or flags for easy use.
The three most commonly used markings are the simple stakes, flags and pins. These surveyor symbols are common to any construction project and guarantee that everything gets put in the right place.
Provided your fence is definitely within your property lines and complies with neighborhood regulations, you may not actually be required to talk to your neighbors about it. Still, it's common courtesy to askand it could save you future legal trouble if it turns out your neighbor wants to dispute your fence.
How close may I build to the boundary? You can build up to a height of 2.5m high on the boundary, if the Height in Relation to Boundary Rule applies. However, ground floor windows of habitable rooms in the Living and Rural Villages Environments must be at least 1.2m from the boundary.
A boundary line is a line along which two areas meet. A boundary line between privately owned parcels of land is usually termed a property line. A boundary line between political entities (such as counties, states, or countries) is usually termed a political boundary.
Your jurisdiction may have laws about how far back a fence needs to be set on your property, which is typically 2, 4, 6 or 8 inches from the property line. Other areas will allow you to go right up to the property line.
A general rule (not sure if your neighbors abide to it) is to build the fence 1-2 feet inside your property line.Your neighbors could have even blocked you from getting a fence because of easement right between yards, all things to look up before this endeavor.