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4Law Office of Roland D. Waller - Probate and Real Estate Attorney - New Port Richey, Florida

4Law Office of Roland D. Waller - Probate and Real Estate Attorney - New Port Richey, Florida

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Law Office of Roland D. Waller
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Thursday, 10 November 2016 / Published in Real Estate, Videos

How Do I Modify My Property Line?

Video Summary

How do I go about modifying my property line? Well, you do that very carefully and with a lot of cooperation from the neighbor who is adjoining your property. The first step as far as modifying your property line is to establish, as far as the survey is concerned and have your surveyor come out and survey and monument where your property line may be. Then, if you have fences or your neighbor has fences or there’s some other reason that you need to modify the property line. Then you need to have the surveyor provide a legal description for the property in question that you wish to expand your property line on. or decrease it and show where that line will be and a legal description for the property on where it will be situated.

Once you have that done, you then need to approach the property owner who is adjacent, who owns this property that you wish to modify and ask them if they would be willing to sign a deed to the property in question. If they are or if you have to persuade them with money, whatever the situation is, then you get with them and show them the survey. If they’re in agreement, we then have your neighbor sign a deed for the property in question.

That’s how you modify your property line. You use surveys, you need the cooperation of your neighbor who owns the property. You need to be careful if it’s a small or [plaided 00:01:56] lot because you don’t want to make their property too small for land use purposes or future land use purposes. You need to look out for subdividing property as far as whatever county you’re in and any subdivision ordinances. It needs to be done with doing some due diligence.

Usually it’s more of a dispute over the surveys involved rather than modifying it. It is determining where the boundary line is and certainly, if there’s any encroachment such as fences or even buildings, how do you resolve that? That’s when you get into modifying the boundary line and hopefully you can get that accomplished through some sort of agreement. If not, then you may need to see an attorney to establish what the boundary line is. If there are any encroachments or fences that can’t be handled through cooperation of the parties or self help, you may need to pay an attorney to see about taking care of the encroachment or to actually establish where the boundary line is situated.

Surveys are great whenever you purchase property. Many people don’t do that if they’re paying cash for it, but a survey, when you buy a property is great so it shows whether or not there’s any encroachments, any fences. I would encourage you that if you are going to buy a property, get the existing survey or order a new survey so you can see where your neighbor’s fence is or the buildings and you know, before you buy the property, whether or not there’s a dispute as far as the boundary line is concerned.

Have your title insurance ensure that there are no facts that an accurate survey would disclose and they can delete that exception. If you have a boundary line issue, they can really get nasty, but give me a call at 727-847-2288.

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