How can neighbors legally establish a property boundary with a fence?

Full question:

Neighbor A wants to enclose his property with a fence, but neither he nor Neighbor B know the exact boundary line between their properties, though they agree that the proposed fence will mark the boundary. What can the two neighbors do to legally set the boundary so that it will be recognized by each neighbor, as well as being legally recognized by future owners of the two properties?

Answer:

To legally establish the boundary, both neighbors can sign quitclaim deeds. Neighbor A would sign a quitclaim deed relinquishing any rights to the property on the other side of the fence, while Neighbor B would do the same. Each quitclaim deed should describe the property based on the existing deed and include details about the fence. After signing, these quitclaim deeds must be recorded at the county land records office to ensure they are legally recognized.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Generally, a neighbor cannot attach items to your fence without your permission. Doing so may be considered an encroachment or trespass. If you want to allow attachments, it’s best to discuss it with your neighbor and possibly put an agreement in writing. This helps prevent disputes and clarifies responsibilities regarding maintenance and liability.