South Dakota Boundary Line Agreement regarding Encroachment of Fence, Driveway, or Structure

State:
Multi-State
Control #:
US-13199BG
Format:
Word; 
Rich Text
Instant download

Description

A "boundary line" is a legal term that refers to the area that a plot of land covers. It is generally determined by using either a property surveyor or GPS technology. The description of your boundary lines can usually be found in the property's recorded title.
A boundary line agreement is signed between two property owners. The purpose is to makes it easier for either party to sell their property without any fuss over the boundaries. The terms include location of the boundary line, property details and the parties involved.
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FAQ

If you're looking to get an encroachment handled when buying or selling a property, there are a few solutions you can try.Talk To Your Neighbor. Your neighbor may be willing to move whatever is on your property over to theirs if it's easily moveable, like a garden.Sell The Land To Your Neighbor.Go To Court.

The term encroachment refers to a situation in real estate where a property owner violates the property rights of his neighbor by building on or extending a structure to the neighbor's land or property intentionally or otherwise.

A boundary feature can be a fence, wall, hedge, ditch, piece of wire, or sometimes even just the edge of a driveway. They can be the cause of heated debate and trigger arguments between neighbours, sometimes over just a few inches of ground.

Remedies for EncroachmentTalk to your neighbor about the issue.Hire a surveyor if you don't have a survey on hand.Ask your neighbor to purchase the land from you.If you're still not getting anywhere, have an attorney send a property encroachment letter.More items...?

The exact amount a building needs to be set back from the property line will vary from one location to another. However, the required setback on the side is typically between 5 10 feet, while the front and back require around 10 20 feet at a minimum.

Without a neighbour's agreement, there is no right to build a wall over the boundary line.

You should try to figure out where the boundary between the two properties is. As long as it's not higher than 2m, your neighbour is free to put up a fence on their property. If you have an issue with the fence, you should always try to resolve the situation in an informal way.

In most cases, if you add an outdoor structure such as a fence, you need a permit. However, it specifically depends on the codes, zoning and regulations of where you live. In some cases, you may not need a permit but you must adhere to the local regulations regarding height limits and specific fence materials.

How Close To The Property Line Can I Build? Fences are typically built between 2 and 8 inches from the line between properties. Some areas will allow the building of fences directly on the property line, but in this case, you'll have to cooperate with your neighbor and potentially share the cost of the fence.

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South Dakota Boundary Line Agreement regarding Encroachment of Fence, Driveway, or Structure