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

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

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

The distance for building near property lines in Hawaii often depends on local zoning regulations and types of structures. Typically, setbacks may vary but often require a minimum distance from neighboring boundaries to ensure safety and privacy. Being informed about these codes will aid you in drafting a precise Hawaii Boundary Line Agreement regarding Encroachment of Fence, Driveway, or Structure.

An encroachment agreement is a written confirmation between the City and an owner of a property which allows a structure that extends onto City or public property to remain in place. There is a cost associated with this type of agreement.

There is a term for this battle of land: encroachment. An encroachment happens when a fence or another piece of your neighbor's property crosses the property lines. Other examples of encroachments could involve trees, parts of a building, fencing or any other fixtures located on both pieces of property.

Typically, fences are installed anywhere from 2 to 8 inches from a property line in most areas. Some areas might allow to go right up to a property line, especially if you live in an urban row house where every inch makes a difference!

According to our Property Laws, encroachment is described as a situation where the airspace over the neighbour's land is invaded by objects originating from the land owner's property or where a boundary line between properties is overreached.

Primary tabs. An encroachment is an unauthorized intrusion onto a neighboring property through the creation or extension of a physical structure (including flora) above or below the surface of land.

An encroachment agreement is a document that describes the encroachment and names the two parties. The party of the first part is the property owner with the encroachment. The party of the second part is the encroached neighbor.

In simple terms, the law means that if a neighbour of yours moves their fence by a few metres one year, and you do not complain or even mention it for a certain period of time, they could then legally claim to be the owners and occupiers of the land.

"De Minimis" Encroachment A "de minimis structure position discrepancy" is where a structure extends onto the adjoining property by no more than: For commercial, industrial, and multi-unit residential property - 0.25 feet. For all other residential property - 0.5 feet. For agricultural and rural property - 0.75 feet.

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