Property Boundaries and Easements

Whether or not you see contradictions in Americans’ views on property (see previous post), you’ll at least agree that, if you own property, you probably should know some of its physical facts.  One is where your property actually begins and ends.  Another is which parts of it, if any, are available for other folks to use.

Knowing the real boundaries of your property.  Don’t rely solely on a realtor, neighbor, or long-time Islander to tell you where your property lines and corners are.  Don’t depend, either, on maps of any kind.  And, it goes without saying, definitely don’t rely on stakes, fenceposts, or flagging tape that happen to appear around your place.

Instead, look for a written description of a professional survey in your property papers.  These survey descriptions can be difficult for a layperson to understand, but, if you can decipher elements of yours, you might be able to use them to find genuine survey markers on your property.

If you can’t find any record of a professional survey, consider hiring a surveyor to conduct one.  A survey can locate your property corners or any other points where property lines change direction.  It can also locate entire property lines (though points at intervals along these lines might do).  If desired, you can request a written description of a full survey, signed by the surveyor with her seal affixed—very valuable.

If you do get a survey, the surveyor may mark points of significance.  Think about adding some markers of your own, provided your markings are accurate and don’t disturb any of the surveyor’s.  Where to mark?  Places where it’s important for your needs—say, part of a property line near where you plan a shed.  Use steel (not wood) posts for marking, and drive them into the ground at least a foot, leaving enough post above ground to spot easily.

Learning if there are easements on your property.  An easement gives permission for the use of your property by people other than you for various purposes.  One common purpose is to gain access (sometimes the only access) to another property.  A second common purpose is for installing and maintaining utilities (power, communications, water).

You’ll want to be sure that a) you know the location and boundaries of any easement(s) on your property and b) that the specified uses actually fall inside the easement.  Also, be sure easements aren’t being used for purposes other than those granted.

Being cooperative with fellow Islanders.  If you’re going to survey your property, tell your neighbors of your plans and suggest choosing the surveyor together.  Offer to notify them of the survey’s date; invite them to be present if they’d like.  Should there be unapproved uses of easements on your property, notify the parties involved and seek legal counsel to explore the means to resolve irregularities cooperatively, if you can.  It’s a small island with a history of informal “surveys” and “flexible” land uses.