LEGALLY
Speaking
Avoiding Border Wars
By Scott van Keulen
Scott van Keulen is a long-time South County resident . He has practiced law for over thirty years and with his brother , Craig , at van Keulen & van Keulen , they provide over 60 years of experience in the areas of complex and general estate planning , trust administration , trust litigation , land development , commercial real estate purchase and sale , business formation and representation , business and civil litigation , construction law and landlord tenant matters .
Your largest and most important purchases over your lifetime will most likely be real estate . As a prospective buyer of any type of real estate ( home , business property , vacation property , or rental property ), you will want to do everything reasonable before you close escrow and purchase your new real estate to confirm the property ’ s boundaries . A survey , or boundary location by a state certified and licensed surveyor will provide an accurate picture and help you , before you purchase , to avoid “ border wars ” after you have completed the purchase .
Border wars can occur over something as simple as repairing a fence that borders your home and that of your neighbors . A survey will tell you who owns and is likely responsible for the fence repair , and if your fence , sprinkler system and landscaping is located on your property or your neighbors . Some warning signs that may signal a possible future problem are any structure , wire , pipe , moisture , ditch , utility meter , path , road , tree , building , etc … within ten ( 10 ) feet of what appears to be the boundary line , or a shared driveway for access to the property you are about to purchase , or if your property was first subdivided and created before 1980 . It is well worth an additional investment to have a licensed surveyor stake the property corners and locate the boundary lines prior to your agreeing to purchase the property and closing escrow . In fact , it is good advice and cheap insurance to obtain a survey in all cases , at any time , if you have never had your property surveyed .
Nobody wants to purchase a piece of property , and then have words such as easement , prescriptive easement , right of way , encroachment , equitable servitude , common boundary line , trespass , nuisance , and lawsuit , enter your vocabulary . When you hear these words , it is usually time to immediately contact a real estate attorney to get some advice on how to proceed . Problems that arise out of boundary issues can quickly turn into a nasty border war , especially when they are perceived to have been created by the new kids on the block , who don ’ t have a history or personal relationship with the neighbors .
It only makes good sense to make sure you are getting what you are being told you are buying , think you are buying , and what you have paid for , NOT what was left over , after the neighbors on both sides built their fences on your property , or decided to access their property through your property because it was more convenient , or a historical route NOT described in an easement of record , and not part of a standard title insurance policy . Usual CTLA title insurance policies do not guarantee your boundaries . Remember , whether or not you have had a survey done , when you find yourself in one of these situations , before you remove or repair anything ( like a fence ) on or near the property boundary , take a few minutes , walk over , introduce yourself to your neighbor , and ask them what they think about what you propose to do . Confirm what you have agreed to in writing by a friendly letter , email or text , take some pictures , and then check with an attorney to see if there are any “ land mines ” out there .
If you have a boundary problem , you have a limited time period to deal with it ( also referred to as a “ statute of limitations ”) or you may lose or be prevented from exercising or protecting your rights . In their simplest forms the statute of limitations when making or defending a boundary claim against your neighbor or a third party , is generally , three ( 3 ) years or ( 5 ) five years , but this can change depending on the issues or perspective . Because the statutes of limitations in boundary disputes are so tricky and complicated , the best advice is always to get a survey and immediately see a real estate attorney when a potential boundary dispute arises , so you understand your options and rights , and can then deal with the boundary situation in an educated and timely fashion .
No matter how things ultimately turn out , you will always be glad , and far better off , if you can say you first , in a nice and neighborly fashion , spoke with your neighbors about what you were planning to do before you did it . Remember , your neighbors are the people you rely on to keep an eye on your house while you are on vacation . They are the people that call the fire department when your garage catches on fire and you are at the movies . Finally , they are the people that help you and your family when you have an unexpected medical emergency or are involved in a natural disaster .
Obtaining a property survey is an easy way to avoid “ Border Wars .”
Dear Reader ,
The person who first emails the correct answer to Toni @ vkvklaw . com will receive a $ 100 gift card from Good Fork in Morgan Hill . We will announce the winner in the next article . The firm will be the final arbiter on all questions and its decision will be final and binding on everyone .
What varsity sports did Craig van Keulen compete in at Santa Clara University , and what world renowned sports event did he compete in during college that made the front page of the San Jose Mercury newspaper sports section in the early 1970 ’ s ?
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