Fairfax Virginia Boundary Line Agreement regarding Encroachment of Fence, Driveway, or Structure

State:
Multi-State
County:
Fairfax
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.

The Fairfax Virginia Boundary Line Agreement regarding Encroachment of Fence, Driveway, or Structure is a legally binding agreement between neighboring property owners within Fairfax County, Virginia. This agreement establishes the boundary line between the respective properties and addresses any encroachments that may exist or arise in relation to fences, driveways, or structures. By implementing this agreement, the parties involved aim to prevent disputes and conflicts over encroachments that could potentially lead to legal actions. It serves as a guideline for property owners to understand their boundaries and respect the rights of their neighbors. There are various types of Fairfax Virginia Boundary Line Agreements that may be relevant to encroachments of fences, driveways, or structures, including: 1. Fence Encroachment Agreement: This agreement focuses specifically on the encroachment of fences. It outlines the boundaries, rights, and responsibilities of each property owner concerning the placement and maintenance of their fences. It may include provisions for shared costs, repairs, inspection rights, and dispute resolution mechanisms. 2. Driveway Encroachment Agreement: This agreement addresses encroachments related to driveways. It defines the limits of the driveways for each property and specifies the obligations of the owners in terms of maintenance, repair, and access. It may include provisions for shared costs, snow removal, and granting perpetual easements. 3. Structure Encroachment Agreement: This agreement deals with encroachments involving structures, such as buildings, sheds, or other physical constructions. It establishes the precise boundary lines and outlines the rights and responsibilities of both property owners concerning the structures. It may include provisions for shared costs, insurance requirements, maintenance, repairs, and dispute resolution mechanisms. In all types of Fairfax Virginia Boundary Line Agreements regarding encroachments, it is crucial to involve experienced professionals, such as land surveyors or attorneys, to accurately determine the boundaries and draft the agreement. This ensures that all parties involved have a comprehensive understanding of their obligations and rights, minimizing the potential for conflicts and legal issues in the future. Remember, specific details and requirements may vary depending on the location, circumstances, and individual agreements reached by the parties involved. Therefore, it is essential for property owners to consult with legal professionals familiar with Fairfax County's regulations and guidelines when engaging in the Boundary Line Agreement process.

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FAQ

The party wall act allows an absolute right to build up to the boundary between you and your neighbour. It also allows you to build astride the boundary line, but only with your neighbour's consent.

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!

The building distance limit depends on the structure you intend on building. It usually ranges between five to 15 feet. It is important to communicate property boundaries with your neighbor before beginning any permanent or semi-permanent projects, due to the risk of township or county penalties.

The most usual setbacks are 30 feet in front, 5 feet on each side, and 15 feet in back, but this varies by jurisdiction, so check with your local building department in your town or city.

New or expanded driveways in the RL, RM or RH zoning districts must stay 5 feet from the side property line; existing driveways may be grandfathered in if they do not meet this criteria.

7., which shall not exceed the maximum allowed under §3.6. 1. Sheds are single-story storage structures, up to 80 square feet in area, and up to 8'-6 in height. Sheds may only be located behind the minimum required front and side (street) yards and behind the rear wall of the principal structure.

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.

Steven Kendrick : Fairfax County enforces the Uniform Statewide Building Code which is adopted at the state level. The current building code does require a building permit for fences that exceed 6 feet in height. If the fence in question is less than 6 feet in height it must still comply with the Zoning Ordinance.

PERMITS. You will be required to obtain a residential addition building permit to construct a deck or to make alterations to an existing deck. If you are installing new outlets or lighting other than low voltage lighting, you will be required to obtain an electrical permit.

Building permits are required for structures that are attached to an existing structure and for detached accessory structures that are over 256 square feet in area.

More info

An encroachment happens when your neighbors fence, driveway or any structure lies over the common property line and is partly on your property. On Residential Property.B. Standards for Certain Temporary Uses and Structures that. First, read up on the laws regarding this type of situation.

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Fairfax Virginia Boundary Line Agreement regarding Encroachment of Fence, Driveway, or Structure