Hawaii Agreement Between Adjoining Landowners to Maintain Fence Partitioning Agriculture Property

State:
Multi-State
Control #:
US-00944BG
Format:
Word; 
Rich Text
Instant download

Description

Statutory regulation of partition fences exists in many states. Such statutes may require a particular kind of fence and prohibit other kinds of fences, and may establish certain requirements of cooperation between adjoining landowners as to partition fences. Even where statutory regulation exists, adjoining landowners are usually free to execute agreements with respect to fences that are at variance from the requirements of the statutes. If there is no applicable statute, control over the construction and maintenance of fences is usually regulated by agreement between the adjoining landowners.

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FAQ

Encroachments & Party Wall Agreements. They are usually entered into in response to a land survey indicating that a wall or other improvement crosses the boundary line between two properties. ? If a wall or other improvement is owned by one of the neighbors, an Encroachment Agreement would be entered into.

What Is Encroachment By Definition? Encroachment in real estate is defined as one property owner violating their neighbor's rights by building or extending some feature and crossing onto their neighbor's property lines. Sometimes the encroachment is intentional.

For residential homes, what are the required building setbacks? In general, dwellings must be set back 10 feet from the front property line and 5 feet from the side and rear property lines. However, side and rear yards must be larger for floor area ratios exceeding 0.6.

Hawaii Fence Law Basics Hawaii defines a "legal fence" as one that it is not less than four feet in height and made of stone; posts and rails; posts and boards; posts and wire; or other suitable materials. This rule will apply to agricultural land and property not controlled by a city or county building ordinance.

Because it is so common, the State of Hawai`i enacted what is commonly referred to as the ?De Minimis? encroachment statute. This law allows structure position discrepancies (encroachments) to exist up to . 5 foot on residential properties.

(b) An owner of a tree shall be civilly liable for actual damages caused by the tree, including an overhanging branch or protruding root, to property, except for plant life; provided that the owner knows or should have known that the tree constitutes a danger.

BUILDING PERMITS ARE REQUIRED: To erect, construct, alter, remove, or demolish any building or structure (including fences, retaining walls and swimming pools). 2. For any electrical or plumbing work.

(a) A person who alleges the existence of a private nuisance due to excessive noise may bring a civil action for appropriate injunctive relief, or actual damages, or both within two years after the occurrence of the alleged violation of this part.

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Hawaii Agreement Between Adjoining Landowners to Maintain Fence Partitioning Agriculture Property