Delaware Boundary Line Agreement regarding Encroachment of Fence, Driveway, or Structure

State:
Multi-State
Control #:
US-13199BG
Format:
Word; 
Rich Text
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Description

A "boundary line" is a legal term that refers to the area that a plot of land covers. It is generally determined by using either a property surveyor or GPS technology. The description of your boundary lines can usually be found in the property's recorded title.
A boundary line agreement is signed between two property owners. The purpose is to makes it easier for either party to sell their property without any fuss over the boundaries. The terms include location of the boundary line, property details and the parties involved.
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FAQ

If you know where the boundary is and you don't need to follow the process for party walls, the best approach is to talk to your neighbour. Talk to them face to face if you can - make a note of what you agreed. If you don't feel comfortable speaking to them, write to them or ask someone to contact them for you.

There is no necessary formality to a boundary agreement. Such an agreement might come into being by way of a relaxed neighbourly chat. The agreement, once made, will be binding on successors in title. It has been repeatedly stated by judges that so-called boundary agreements are to be favoured in the law.

Hopefully, our approach can help you settle your dispute with ease.Step #1: Recognize the Dispute. The first step towards resolving a property boundary problem is knowing it exists.Step #2: Kindly Approach Your Neighbor.Step #3: Talk with a Lawyer.Step #4: Pursue Mediation.Step #5: File a Lawsuit.

As long as it's not higher than 2m, your neighbour is free to put up a fence on their property. If you have an issue with the fence, you should always try to resolve the situation in an informal way. If you can't come to an agreement, you can hire a mediator or a solicitor to help.

Broadly speaking, the majority of these disputes can be broken down into four categories:Lot line disputes.Fence, landscaping, and outbuilding disputes.Access disputes.Adverse possession claims.

In most areas, fences can be installed between 2-8 inches from the boundary line. However, some areas may allow you to build right up to the property line. Make sure you contact your local council to find out what applies to your area.

How do I resolve a boundary dispute?Establish the boundary from the conveyancing documentation and title deeds.Look at the extrinsic evidence on the ground.It is then necessary to consider whether the boundary has been amended by the parties and/or previous owners.

Without a neighbour's agreement, there is no right to build a wall over the boundary line.

Yes. Yes, you can build next to your neighbour's fence. As long as you're inside your property line you're fine. One consideration: your posts might have to be staggered relative to the fence posts of the existing fence.

How Close To The Property Line Can I Build? Fences are typically built between 2 and 8 inches from the line between properties. Some areas will allow the building of fences directly on the property line, but in this case, you'll have to cooperate with your neighbor and potentially share the cost of the fence.

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Delaware Boundary Line Agreement regarding Encroachment of Fence, Driveway, or Structure