Property lines are imaginary borders on a parcel of land. There are four types of lines on residential lots: air, land, water and subsurface. Each type has a different set of rules that dictates its measurement and implementation.
Determination of Boundary Lines
In most cases, boundaries are defined by the deed on the property. However, there are cases where a deed can be overridden, such as:
* Agreed boundary lines–Where uncertainty about the real boundary line exists, and there’s no sure way to determine it, parties can agree to a new line.
* Acquiescence–Offering implied consent to a boundary line by keeping silent
* Estoppel–Where a prior ruling determines a current boundary dispute
* Adverse possession–These laws allow a party to get title to a piece of land simply by using it for a state or federally specified period.
A Real Estate Lawyer in Broward County FL can advise clients as to whether they may override the deed on a piece of property.
Determining Water and Air Boundary Lines
There are two rules addressing water boundaries that can shift over time. During an accretion, water boundaries shift slowly due to soil buildup. An avulsion can occur if there’s a rapid shift in the boundary’s location; in these cases, the line is considered to have remained stationary. It’s now frequently accepted that landowners only retain the airspace that allows reasonable enjoyment and use of the land.
Subsurface Boundaries
Traditionally, the land’s owner also owned everything under the surface, down to the earth’s core. There are certain exceptions to this rule, however. Landowners don’t necessarily own gas and oil below the surface–in some areas, it belongs to the first person to extract and capture it.
Hiring an Attorney for a Property Line Dispute
If a person is unsure as to their property’s boundary lines, if a dispute exists, or if they are attempting to draw a new property line, help from Grimaldi Law Firm may prove useful. This area of law is very complex, and a Real Estate Lawyer in Broward County FL can answer clients’ questions and give advice as to how to proceed with a case. You can visit http://realestatelawfl.com/ for more information.
