property line rules in ky

is any other means of access, regardless of how inconvenient it may be, the claimant Once you have a survey done, ask if the survey company will record it in the local public land records. interest in the grantor's land and allows the easement holder to use the known as easements appurtenant and 2) easements that benefit a specific person Implied Easements – To prove the existence of an Then they both put the deeds on file (record them) at the county land records office. 318.136 Trust and agency fund. It could be a tree, road, creek, driveway, even the edge of a house. At least get it filed under both names on the agreement, so that it will be part of the public record. However, it is important to check your local zoning and subdivision laws before … If you shared a property line with a public entity, you may not be able to build directly on the line. Kentucky no trespassing laws are outlined in the Kentucky Revised Statutes in Chapter 511. You may need to step back the fence. In such cases, strict necessity has been In a new subdivision that still has markers from a city survey, the cost of a survey can run around $500. Instead, it interprets ambiguous property descriptions in the deeds. It is against state law in many states to interfere with a surveyor or to refuse a right of entry. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. The reason to have a visible line is to alert a new buyer as to where the line is, to prevent trouble in the future. Making him tear the house down, the court decided, would be too severe and unfair. § 413.010), and Entering a property that does not belong to you, either intentionally or accidentally, is trespassing and you are liable for any damages that result. As time goes by, it seems greed drives more and more hunters and other outdoor enthusiasts to do illegal or unethical things. Example: A recent case from California illustrates the kind of legal microscope a court will often use when determining whether or not the requirement of uncertainty has been met. A mediator helps the people iron out difficulties and reach an agreement that is satisfactory to everybody involved. The time required ranges from five years to 20 years. He and Janet agree that the fence will mark the boundary. the documents necessary to create an easement. Stat. Rights-of-way are typical of this type, because they pass through one property to another and are passed on with the property. If you can't figure it out from the property descriptions in your deed or subdivision map, or you and the neighbor think it is in different places, you have several choices. These two fellows are friendly neighbors; one even gives the other the lumber for the fence. Since you are from Hawaii, it is best that you check with your local laws and customs. The court based its ruling on the fact that the housebuilder had relied on the agreed boundary to build a house. Legally, this is a type of property easement that is earned by regular use of the property. will not satisfy the strict necessity element required to establish an easement necessity, a claimant must prove: Easements by necessity most commonly arise in relation to If you and your neighbor have agreed where you both want the property boundaries to be, then you both can make a "lot line agreement," also called a "lot line adjustment agreement." Kentucky Laws on Property Disputes Between Neighbors. Then they each draw up a quitclaim deed. The line may run several feet away from what you expected â maybe even through one of the houses. When you go to sell your house, the title company may refuse to issue insurance because the neighbor is on your land. Learn the law and try to work out an agreement between yourselves. You own straight up from your property line, directly opposite to the pull of gravity and parallel with it into the ground. use of the claimed easement was highly beneficial and convenient to the §§ 256.010 to 256.990, Ky. Rev. Sometimes people who own adjacent pieces of land may not be obvious and sure of how to divide the privacy fences and who takes responsibility for it. Stat. If you have no mortgage on your property, setting a new boundary this way can be a very easy procedure. continued for so long and was so obvious and manifest that it must have If the answer is yes, then consider the time, money and hostility that might be involved if you pursue the subject. There stands the next-door neighbor on what you think is your property, putting up a fence or taking yours down. In other states, you can hire a lawyer and file a suit to "quiet title" (decide who owns what). The man who tore down the fence was ordered to pay the neighbor not only the replacement value, but also $500 in extra damages for the malicious behavior he showed in ripping down his neighbor's fence.(6). The other owner has had a new survey done which shows the boundary line running squarely through the shopper's bedroom. The natural gas company came to me and said that is a closes location for this connection located in my backyard so they would like to dig my backyard and connect this new house using my property. And even when a permanent marker can be located, the boundary may not run in a straight line. In a very few states — Kentucky is one — there is a procedure in the state statutes for setting an agreed boundary, putting the agreement in writing and recording it at the courthouse. While your neighbor would not gain a legal title to the land or be able to sell it, they may be able to claim a legal right to use the … the use of the easement and the grantor may not interfere with the easement A court might make this inference when all of the other conditions of an agreed boundary have been met. In a situation like this, by comparing deed copies, you can clearly make out where your property lines lie. This approach has much to recommend it if both neighbors genuinely agree. (7) Ken. In a very few states â Kentucky is one â there is a procedure in the state statutes for setting an agreed boundary, putting the agreement in writing and recording it at the courthouse.(7). If the tree is on a boundary, most states will not allow either party to destroy it. Perhaps a firm and threatening letter on legal stationery will at least stop the building. However, because legal intricacies in property descriptions vary from state to state, it is always wisest to let a local real estate lawyer check the deed. 318.134 Installation permits -- Requisites -- Fees. These agreements are made official and binding by making and signing deeds that describe in detail the agreed upon property line. That the (10) The law is similar and very serious in other states. I think it is ok, as long as the other party realizes the consequences for crossing POSTED property lines. Easements can be divided into two categories: 1) easements Unless we have the property surveyed, the only way we may be able to go outside and physically touch the limit of what is ours is when permanent markers are described in a deed, such as a tree or stone monument. Easement and Boundary Disputes One of the most common easement issues involves encroachments. Express Easements – Under Kentucky law, an express easement is created by written agreement of the parties. Notifying Neighbors Before Building a Fence You folks on the islands typically have much different laws than us haoles. Or, a surveyor may place iron stakes or small brass caps in the ground to officially mark the property line. In some states the clerk may be able to make a note in the margin of your deed that refers to the agreement. The new owner's mistake and his trespass on his neighbor's land cost him dearly: He was ordered to pay the neighbor $26,000.(4). The AcreValue Kentucky plat map, sourced from Kentucky tax assessors, indicates the property boundaries for each parcel of land, with information about the landowner, the parcel number, and the total acres. Copy. If property ownership is transferred through sale or other legal methods, a new easement agreement must be made. One wants to fence his lot, and they agree on a boundary. The limbs hang over the fence you built or break and fall into your yard. Through the Kentucky Boundary Line Fence Act, property owners across the Commonwealth who raise livestock, desire fences, and live next to property owners who do not possess livestock and/or do not want fences benefit at the expense of their neighbors. You and your neighbor may disagree as to where you should place a fence, whether a tree falls on your property or your neighbor’s property or simply where your neighbor should be allowed to plant their vegetable garden. (5) When one owner relies substantially on a boundary line and the other owner does not disagree, some courts will say that the other owner acquiesced to the boundary and is legally stopped from protesting otherwise. Arkansas imposes a fine of at least $500, jail for at least 30 days, or both.(11). estate; and. Sometimes, the surveyor really can't know just what will be involved until the job begins. Rev. holder's use of the easement. 73.190. Most of us don't know where our exact property boundaries are located, and many of us don't care. This actually happened in California, and the owner of the fence sued the other owner. Tenants, landlords, and property owners are bound (and protected) by several property and real estate laws. When a boundary line is not clear and the neighbors can't agree, a few states have statutory procedures allowing one neighbor to ask a state court (regular court, not small claims court) to settle the line. One of the most common easement issues involves If you and your neighbor can't seem to agree on where you think the boundary line should run, you may be able to get some help from a trained mediator. If the neighbor is actually claiming part of your land, for example under a conflicting survey or because he has been using it (see Chapter 10), you'll need an attorney to file a lawsuit to have the neighbor or his property removed. When streets have been renovated and the surveyor has to bring lines in from far away, the cost goes up accordingly. When a property owner He will also place official markers on the boundary lines, which will remain to mark the boundaries. The linguistic or graphic content of a sign. Share it with your network! It is common for owners to suddenly realize that land is, or is not theirs, despite a long running understanding. Again, the judge may order a survey done, and the whole thing will take a lot of time and money. Putting Boundary Agreements in Writing, 5. The situation usually results in boundary disagreements that may be very heated but can however be solved by the following provisions in the State’s Laws: 1. (See Chapter 13, Legal Research.). Most of us don't know where our exact property boundaries are located, and many of us don't care.15 min read. You may want to make your own agreement about a boundary or hire a surveyor to find the existing one. What you have long assumed was the boundary line has been crossed. 223 (1974). A judge may make an exception to this requirement only if the owners had relied for many years on the agreement and great harm would result by not recognizing the agreed line. When two owners settle confusion by agreeing on a boundary line, the line should be physically obvious in some way. Yes. For neighbors to agree on a permanently binding boundary between their properties, four conditions must be met: Only after all these requirements are satisfied does the boundary the neighbors settled on become the legal line. Leaves, pods, acorns and the like falling onto your Rptr. The rules applicable to the property line usually vary from one zone to another. Rod signs a deed giving any rights to the property on the other side of the fence to Janet, and she signs a comparable deed. A real estate attorney may assist in drafting and recording If not, something needs to be constructed, or stakes or some other markers put in the ground so that the owners can point to the line. This is required in California. or entity, known as easements in gross. If you are in the midst of a heated dispute with your neighbor and hire a surveyor on your own, the neighbor will probably have to allow the surveyor onto his property if necessary. But others put a clause in the mortgage that allows the company to demand full and immediate payment of the entire loan if the borrower transfers any interest whatsoever in the property. Some mortgage companies will not be concerned or want to be involved. Copyright ©2021 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. Stat. You will have to pay a small fee, probably just a few dollars per page of the document. Election Campaign Sign: A temporary sign directly associated with local, state, or in an easement dispute. Often, a fence or a natural boundary marks the line. If not, take a copy to the courthouse and ask that it be recorded; there will be a small fee. Also, if you don't get the construction stopped, even if you later sue for trespass and win, all you may be able to collect is a money award, not an order to remove the neighbor's addition. Anyone who purchases property is expected to make a visual inspection of the site. Many are the neighbors who have done this and proceeded to live happily side by side for many years. the severance occurred, the use which gave rise to the easement had If one of the requirements is absent and the line is ever challenged in court, the agreement will be ruled to be void and the boundary line as uncertain as it ever was. That said, in KY, anything that crosses the boundary line is owned by that particular property owner, and he may do whatever s/he may wish with what part of the tree. interferes with the easement holder's rightful use of the easement or if he As it turned out, arguments about whether or not the fence was the agreed boundary made no difference whatsoever, because there were some old boundary markers on the property that could have been found by any of the owners if anyone had searched. Be prepared to spend several hundred dollars to over a thousand dollars if you live in an area where no survey has been done for a long time, or the maps are unreliable and conflicting. It’s important to pay attention to HOA guidelines as they can impose serious fines and penalties on the homeowner, affecting the future value of the property. "(2) This may ring with truth for two neighbors who come to a solution, write it down and record it in the public land records. App. dominant estate. In short, there was never real uncertainty. States also enforce adverse possession (or "squatters' rights") laws … Property lines are often poorly understood unless fenced off and posted carefully. Once you have a signed, notarized agreement, take it to the local property records office (often in the county courthouse) and ask the clerk to record it. That there But one day you may look out your window to discover a frightening scene. Depending on your local laws, you may be able to pave a driveway right up to the line. Want High Quality, Transparent, and Affordable Legal Services? Once an easement has been granted, the easement holder may not expand But, I have not shot across the fence. Letting a Court Decide on the Boundary. Janet makes out a deed quitclaiming any interest in Rod's property. The rule also depends on the public facility or property that the rule seeks to secure. easement is created only if language of “grant” or “reserve” is included in the You and the neighbor standing there explaining who built what and what belongs to whom is nothing but a waste of time and money. When a problem exists on your border, keep the lines of communication open with the neighbor if possible. Another common easement issue involves misuse. ownership between the dominant estate and the servient estate; Severance Is An Attorney Needed for a Quitclaim Deed? Only if the neighbor intentionally trespassed can you even hope for an order of removal of a substantial structure. Once this agreement is made and certain conditions (discussed below) are met, the line is the permanent legal boundary. Find out what will be needed from you, such as a copy of your deed or any other records, and have everything ready. open and notorious (using the property as the real owner would, without hiding his or her occupancy from the owner or others; actually building structures is the classic way to do this) continuous for the statutory period (which is 15 years in Kentucky, under Ken. Sometimes even a hedge can act as a boundary. In many cases, you can build the fence directly on a property line that is shared with someone else. Setting the Boundary With a Quitclaim Deed, 2. A tree may be planted by neighbors well within the bounds of their property, but over time, some of the branches can extend beyond the property line and into your yard. In Kentucky, trespassing is most prevalent during hunting seasons. The new owner of a piece of property assumed that an 80- year-old fence was the boundary and proceeded to make major changes on the land. The purpose of this rule, according to one judge, is "to prevent strife and disputes concerning boundaries. Stat. continuous use under claim of right for a period of at least fifteen years. An easement gives the easement holder a non-possessory (7) If there is no standard procedure in your state, ask if you can put it on file with the land descriptions of both properties. I actually have a great stand on the property line as it is the one place the deer cross with consistency for about 200 yards. If there is no standard procedure in your state, ask if you can put it on file with the land descriptions of both properties. Whoever holds the mortgage may need to be notified and permission obtained before you transfer even a tiny piece of the land. Judges do not like to order property destroyed. If your neighbor is hostile and insists on proceeding, inform them that you will sue them if necessary to stop what they are doing. If the neighbor's encroachment is minor, for instance a small fence in the wrong place, you may think you shouldn't worry. If you and your neighbor go in together on the cost, having both properties done at the same time by the same surveyor, you should be able to save some money. lands that are landlocked or otherwise inaccessible. litigant on the current state of easement law and recommends an appropriate 1990). (1) For example, see Needham v. Collamer, 94 Cal. Hunting on property without permission is a serious violation. dimensions of the easement, the landowner may have a claim for misuse against When the lawsuit came before the court, the ruling was: The legal boundary line was the one agreed upon by the previous owners, even though the state had a five-year period for an agreed boundary to become fixed, and five years had not passed since the agreement. Whether by deed or contract, an express 16. Do Not Sell My Personal Information. App. AcreValue helps you locate parcels, property lines, and ownership information for land online, eliminating the need for plat books. The new owner of the fenced house comes home from shopping one day and discovers a crew tearing down his fence. Or the attorney can file a suit to "quiet title"-- to let the court decide who owns what. All future buyers will be able to find the deed and know what belongs to whom, when they buy the property. course of action in light of the law. ... House sewers which convey the waste water and sewage from the building to the property line or other points Easements appurtenant are attached to the property, not the individual. 1770 (Cal. App. If you are already certain about the boundary and have proof, such as a survey, you can threaten to call the police and have them arrested for trespassing. You can purchase quitclaim forms in some large office supply stores and do it yourself. The Kentucky … Both landowners must agree on the new line. In Kentucky, two days’ advance notification is needed before a landlord may enter the rental unit. Prescriptive Easements – An easement by prescription Whether by deed or contract, an express easement is created only if language of “grant” or “reserve” is included in the document. encroachments. (8) If the neighbor indicates that there will be trouble, have a lawyer write a letter outlining the law and asking for entry to the property for the survey. A neighbors' agreement about an uncertain boundary doesn't have to be in writing to be legal. SIDE NOTE â LAWS PROTECTING BOUNDARY MARKERS, Permanent boundary monuments or survey markers are protected by state law. If someone else's driveway is two feet from the house he's buying, he is expected to notice it. For an agreed boundary line to become the fixed legal boundary, the two owners must not only agree, but agree because they really can't locate the line. The agreed boundary must be identifiable on the ground. You are wrong: Any time a neighbor starts to build on what you think is your property, step over for a chat and find out what is going on. Rptr. document. may be established by a showing of unobstructed, open, peaceable, and Some neighbor disputes have a naturally occurring root - trees. Kentucky . No need to spend hours finding a lawyer, post a job and get custom quotes from experienced lawyers instantly. However, in the case of an emergency, no notice is needed. was a severance of title from common ownership; That before Even if you have no mortgage, you might want to get an attorney to draw up the property descriptions in the deed, or just to look over your work if you draw up your own using The Deeds Book by Mary Randolph (Nolo Press). While 816 Walnut Street is currently home to the Martin family, they do not appear on any of the court documents obtained by OT regarding this civil case. If you set a fence inside your property line and your neighbor is able to use the property outside of the line, that portion of your property may fall under prescriptive easement. It is easy, inexpensive and fixes a certain boundary line. There must be genuine uncertainty as to where the true boundary line runs on the ground. This is the time to inquire about it and to call in a surveyor if necessary â not after buying the property and settling in. To avoid an explosion, if you make an agreement about a land boundary, put it in writing. The next-door neighbor claimed that he was trespassing and sued him. an unauthorized purpose or attempts to change the location or enlarge the Rev. Sometimes, if a line has been treated as the boundary by both owners for many years, an initial agreement between them will be inferred by a court that is deciding on the validity of an alleged boundary agreement. When this happens, one neighbor may have to pay the other for property she was occupying by mistake. You may even discover that neither one of you is really sure where the boundary is. easement holder may have a claim against a landowner if the landowner ... A boundary fence is a fence that is located on or near a property line, though the exact definition can vary by state. The rule of thumb as far as property lines and buildings go is that you cannot drip on your neighbor. attempts to relocate the easement or to diminish its size. If you are having no trouble with your property and your neighbors, yet you feel inclined to go rushing out to determine your exact boundaries just to know where they are, please ask yourself a question. They can do this by simply going about their business, treating the line as the partition between their properties for whatever time period is required by state law. This will probably involve a new court-ordered survey and will be expensive. Each neighbor should sign a quitclaim deed, transferring to the other neighbor any right they have to the property that falls on the other side of the line they have agreed on. The end result is the same, no matter how it is described-- the line becomes the legal boundary. However, when that's not possible then Kentucky's state laws can provide assistance. In the case that you’re not allowed, you try asking your town for permission. In some states, the information on this website may be considered a lawyer referral service. Moreover, a real estate attorney may represent a party who is involved owners share the value of the tree and are responsible for upkeep on their side of the boundary line. It may be worth spending the money for this small service to avoid any possibility of later confusion. been intended to be permanent; and. 2d 702, 336 P.2d 525 (1959), where the property in dispute was a strip less than a foot wide. Notice to End Lease: Kentucky’s notice to end the lease is determined by the length of lease. Some courts can be extremely strict when looking to see if a boundary agreement meets these criteria. Ann. An informal, unwritten boundary agreement can be a ticking time bomb, ready to go off when the property is sold. If you are willing to spend several hundred dollars or more to find out exactly where your boundary is, call a licensed surveyor. Both properties are then sold. The only court-filed issues center around a driveway that is located along the dividing property line, with a long-running dispute about where the property line falls. When the surveyor comes out, do everybody a favor and stay out of the way. In Massachusetts, anyone removing such a marker can be jailed for six months or fined $50 or both. The confusion over property boundaries is the basis of many neighbor disputes, including encroachments (or perceived encroachments) on one's property.