Legal Boundary Wall
It is usually when a retaining wall (on a border) deteriorates that its ownership is questioned. None of the landowners want to pay for repairing the wall, and everyone sees an opportunity to force their neighbour to take over the work. This situation should not occur if the deeds of one or both parcels of land are specific to the ownership of the retaining wall. If the actions are silent, an investigation into the position of the border is necessary. This article contains a number of things to keep in mind when it comes to fences and neighborhood disputes. Learn about local fences and ordinances, border line fencing and how to handle a dispute. Problems can arise when there is a retaining wall on a border. There are two circumstances to consider: Documentary evidence of boundary position: Sometimes the transfer plan or transfer plan clearly indicates ownership of a wall using T-marks for a perimeter wall or H-marks for a part fence wall (see fences for an explanation of T-markings and H-signs). Sometimes this is indicated in the wording of the document. In the absence of such an indication, it becomes necessary to examine the physical evidence to determine the position of the boundary in relation to the wall. This means that one homeowner cannot make changes that affect the wall as a whole without the consent of the other owner. For more advice on borderline issues, please do not hesitate to contact us on firstname.lastname@example.org or 01654 711499/01341 281108. When homeowners buy a wall, they use their part of the wall as they see fit, as long as it does not compromise the stability of the wall.
Retaining walls occur when the ground level changes between land on both sides of the wall. A retaining wall must have greater strength than a normal wall to support the weight of the ground held on the upper side of the wall. The requirement for this extra strength makes them more expensive to build and more expensive to repair. A common wall is a dividing wall shared between two properties belonging to different parties. These types of walls can be divided into different property categories, including shared tenancies, shared properties, shared properties with easements, or properties held by an easement. The property of the wall of this type is owned equally by both parties, requires a physical division of the wall and a separate property (sometimes with an easement), or belongs to one of the two adjacent owners subject to an easement. However, it is generally believed that a common wall is the common property of two common tenants, unless there is evidence to suggest otherwise. This means that the wall provides each owner with an unspoken easement of lateral support to the other owner. Property boundaries are not set in stone and can be changed by mutual agreement. For example, if the fence is too far from your actual boundary — meaning a small portion of your property is actually on the side of your neighbor`s fence — it could cause problems when you`re trying to sell your home. Formally changing property boundaries through a “property boundary agreement” can solve this problem, as long as it complies with local zoning and neighborhood laws. Under common law, Texas is an “open state,” meaning a rancher has no legal obligation to prevent animals from hitting the road.
Since 1876, however, the Texas legislature has allowed Texas counties to vote on whether to become a “closed zone.” State law also requires that all state and U.S. highways be closed. For more information, check out the following resources, as well as our guide to raising livestock. However, if the entire wall needs to be reinforced, the consent of the other owner is required. A common fence wall is therefore a wall that stands on a border, and the border usually runs along the median line of the wall. Although rare, opposing property is a legal concept that allows an intruder – sometimes a stranger, but more often a neighbor – to obtain a legal right to an owner`s land. Texas law places the burden of proof on the intruder to establish an allegation of opposing possession. A person who holds a legal title is deemed to be the owner, unless the opposing possessor can bear this burden. For more information, see the following resources. If the boundary is changed, it will be registered at the district office and made available to the public. This is a guide that sets out your border rights and gives you options on how to resolve border issues before they become a dispute.
Our team of real estate lawyers provides legal assistance in relation to the duty of lateral support, harassment and assault in Johannesburg and Cape Town. It is not determined by the intention of the neighboring owners at the time of construction of the wall. Each homeowner is responsible for maintaining their half of the wall and can prevent changes that affect the structure. This website does not provide advice on common walls in relation to construction work on your property (e.g. extensions, moisture control, structural changes) or compliance with the Common Walls Act 1996, etc. This advice is the work of a certified land surveyor. If you would like such advice, you should call the RICS Party Walls helpline on +44 (0) 870 333 1600, which promises to put you in touch with an experienced local RICS member who will advise you free of charge for up to 30 minutes. Both owners are also responsible for repairing and maintaining the wall or fence. While neighboring owners are co-owners linked to the wall, the wall belongs to each owner individually. One case that law students have sometimes investigated and that involved a dispute over the common wall is Pile v.
Pedrick, 167 Pa. 296, 31 A. 646 (1895). The parties challenged the line drawn by an architect and the subsequent construction of a wall on that boundary, which encroached 11/2 inches on the plaintiff`s property. The plaintiff rejected the defendant`s offer to convert the wall into a common wall and decided to force the defendant to cut off the offending part of the wall, but then denied the defendant`s request for leave. The court upheld the finding that this wall was not a common wall and therefore required the defendant to destroy and rebuild the wall within 1 year without intrusion. When settling a border dispute, it is helpful to understand the terminology. This article provides definitions of border-related terms, including airspace law, easement, dominant assets, lateral support, etc. A homeowner can build on his half of the wall if it is strong enough to support the extra load. Both owners appreciate the border wall or fence, as long as it does not affect the other owner. Sometimes a house or other building is built right on the border of the land on which it sits.
In these cases, the boundary usually runs along the outside of the exterior wall of the building. The eaves may protrude over the nearby earth and the foundations may protrude under the neighboring earth. These eaves and foundations are considered part of the building to which they are attached, but the airspace between them belongs to the adjacent land. Keep in mind, however, that your bank (or your neighbor`s bank) may not approve a boundary change if one or both homes are still under mortgage. An investigation can only be successful if the documents contain a particularly clear and precise description of the boundaries. Often the document and plan are so imprecise that it is possible to determine the position of the border with an accuracy of one decimeter (100 mm). This may be enough to determine that the wall is on the border, but not enough to determine which side of the border it is on. A common dispute between neighbors is who owns and who is responsible for maintaining the fence between their properties.