Fences Are Not Always Property Lines and Other Myths

It is amazing what I hear when I show homes to buyers about where they think property lines start and end. Part of it is assumption, a little bit of hope and what is represented visually.

There are a number of misconceptions about where property lines are and how to tell. Here are some of the more popular misconceptions:

1) "Property lines are where the fence (trees, rocks, creek, etc.) are:" Property lines exist on paper. These are recorded in the deed to the property, and it is the source information for where property lines begin and end. Deeds are typically on file with the county registry of deeds, where the property is located. A fence, a line of trees, a stream may create a natural barrier that over time becomes adopted informally by adjoining property owners as the defacto property boundary, but only the deed shows where the lines actually are.

2) "Property lines are where the pins/markers are:" Many properties have been surveyed in the past as a result of new construction, requirement by the local municipality for a building expansion, swimming pools and the like. These surveys typically include the placement of markers or pins on the property at the corners in the form of iron posts, pins, cement monuments, etc. These sometimes stay in the same location for years. Some property owners remove them, kids pull them out and play with them and replace them randomly; owners move or remove for planting, etc. A marked boundary line is not necessarily the official identification.

3) "The bank survey is where my property lines are:" When getting a mortgage to make a home purchase, the lending institution will typically require that a mortgage inspection be done for the lender's benefit (but paid for by the purchaser). This is an informal survey using deed details and often a visual inspection of the property to ensure that structures of abutter's property are not on or encroaching the purchaser's property. These are not boundary surveys. They are typically a single page, with the property lines drawn out, and all structures shown in their approximate place within the property lines. There is usually a disclaimer that the documents is NOT a boundary survey or to be used as one.

4) "My (new) neighbors told me where they property lines are." Unless the neighbor had the land recently surveyed, is the original owner or subdivided their land and the property is still (correctly) marked, chances are the owner is using history and former owner assumptions to identify boundaries. As neigbors come and go, and formal structures are placed (like fences, trees and shrubs, etc.), these can become assumed lines for purposes of neighbor harmony, but not necessarily where the deed identifies the boundaried to lie.

5) "As long as I don't make changes or need a formal survey, it doesn't matter if I know exactly where the boundaries are." Many owners move into a new place and are never sure where their property starts and ends, especially if they don't make improvements, additions like a deck or new rooms, put up fencing, etc. But absent adding additional structures, knowing who owns things like sick and dying trees that may be a hazard if they fall or who owns which part of a brook, stream or other potential danagers is good risk management. Being a responsible owner means in part knowing what is yours, and then maintaining it to minimize injury and damage to you and your neighbors.

Property lines are invisible for most property owners. Knowing where they begin and end starts with the deed and a professional survey to be sure you are responsible for what's truly yours.

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