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Good Fences Make Good Neighbors ... So Long As They Are In the Right Place

by Deborah Beeksma

The adage, 'Good Fences Make Good Neighbors' is true for the most part ... unless your fence is on someone else's land.

Perhaps like me, you know someone who spent thousands of dollars installing a nice, concrete block fence only to have the neighbor threaten to sue because the fence is encroaching a foot or so onto his land. Ripping out the fence and reinstalling it can be very expensive. If your neighbor is really agitated, he might rent a bulldozer and knock your expensive fencing project down. If you have constructed your fence in the wrong place, you might find yourself in a world of financial and emotional grief. Even if your current neighbors are wonderful, someone not so charitable may move in next door and start complaining about the location of your fence.

It is a good idea to make sure that you know where your property boundaries are located before you construct a fence -- or before you buy property, for that matter. Determine the exact location of your property boundaries by comparing your legal description with the survey.

The property description -- sometimes called a legal description -- is something that you receive before you close your real estate transaction. Generally, a few weeks before closing, the title company or escrow company will send you a sample deed, a title commitment and other legal documents to review before the closing. If you already own the property, the legal description of your land will be included with your deed.

Some property descriptions are fairly simple, such as NE SE NW Section 12 Township 5 South, Range 8 West;' others are more complicated. The latter form of property description is what is termed a 'metes and bounds' description that reads something like 'thence 15 degrees, 22 seconds west a distance of 325 feet, thence south 8 degrees, 15 seconds west,' and so forth. The metes and bounds descriptions are based upon surveys. If you were not given a survey by the seller or the title company, request one. There is no way that you will know whether the property description is correct unless you can compare it with the survey. It is not unusual to find typos or other errors that seem minor. Those insignificant errors have the potential to create huge problems down the road. Do not accept typos or errors in your property description. This is your property and investment and you have the right, if not obligation, to demand perfection in your legal documents.

Once you are satisfied that that the property description is in order, be sure to locate the survey stakes by physically walking your real property. If you cannot locate the stakes, have the surveyor come out to your property and either show them to you or reinstall them. Before fencing your property, put a red flag or something near the survey stakes so that you can find them.

You might not be able to build your fence smack next to your property line because of easements, building codes or other restrictions. Here in Arizona, for example, cattle easements of at least 10 feet around the perimeter of your rural real estate are common. You are not allowed to enclose the easement with a fence or otherwise. Underground utility easements, driveways, or right of ways are examples of other types of easements that might play a role in where you can or cannot construct a fence. Easements are typically shown on a survey. Unless it is a prescriptive easement, the easement should be documented in an instrument that is recorded with your county recorder's office.

Good fences can make good neighbors if they are constructed properly and in the right location! Have clear knowledge on your property boundaries, easements, and any restrictive covenants before starting your fence construction. A bit of document review and preparation beforehand can save you a great deal of aggravation and possible legal actions down the road.

Do property descriptions and surveys seem incomprehensible? Don't be daunted by the apparent gibberish. Based on over 20 years practical experience, Deborah's online 'How to Read a Survey' course will have you reading a survey within the next half hour. You'll discover from this Realtor and broker recommended course that understanding a survey and legal description isn't that hard after all. Visit www.surveyrecordings.com for more information.

Published August 9th, 2007

Filed in Law, Real Estate