How much do surveyors cost for this purpose? (You wouldn't have to share the survey with the neighbor automatically.) Updated: Nov 10, 2021 / 05:12 PM EST. It's not getting just your getting the ugly side of the fence, it's the new posts being put in your yard versus their original position and gross cement job to boot that would disincline me from paying 50/50. If your Title has a legal easement, then the dimensions of the easement is where your neighbor can build a fence. We employed them (namely, Jeffery Black, LS) in early 2000 and they were extremeley easy to work with and kept to their initial quote. 510-682-7111. info [at] eastridgelaw.com. This doesn't sound right---your neighbors should have discussed the price before going ahead with the work if they wanted you to contribute. The neighbor we share that property line with found the contractor and arranged for the work - without mentioning the cost to us. No. I'd approach the lot owners first just to see if they're interested at all, and talk about what kind of payment(s) they would accept, so that you know if there's even a deal to be made, before hiring a lawyer to negotiate and document the details. Keep a logbook of all your research on this issue. Then get professional advice on applicable laws regarding trespass and encroachment for time limitations. We just got it drawn on a piece of paper. Thanks! Some neighbors don't mind a few inches going to their neighbors, but some do. Is it possible to reserve street parking for the neighbors for the duration of the project so they could still have parking?
South Carolina Easement Law | RealEstateLawyers You won't want to miss out on this FREE family-friendly event with live music, great food, a cold drink, fireworks, a kid's zone and . I am satisfied with the outcome of our project, and I feel part of the reason it went so smoothly was because of the communication and clarity before the project started. As a local Realtor with many years of experience, I can tell you that property lines are almost never where homeowners think they are. The neighbor planted a fruit tree in that corner and we both enjoy the yearly crop of yummy fruit. But over time plans can change. There are many, many fences that do not sit on the real property lines! I'm interested in buying part of the lot to get more yard space. His fence only goes halfway through our backyard; it was unclear if was going to replace the entire thing. You might want to contact the local permitting folks so you know what's involved. The following navigation utilizes arrow, enter, escape, and space bar key commands. You would need a lawyer to write and record the easement agreement, and, preferably, a surveyor to create the exact description of where your easement is. 1. 3. Unless you refused to negotiate. There has been some talk about a law that would levy a fine on owners of vacant lots, as a way to encourage more housing construction. The new ordinance will replace an old ordinance that was implemented in 2005 and 2009. As a Berkeley architect I deal with this issue on an annoyingly regular basis.
Planning & Zoning | Hanahan South Carolina I found him knowledgable and down to earth. The agreement may require you to reasonably accommodate the neighbor's construction project. Boundary surveys have to derive from some previously known monument or other property recorded survey information and it is possible to get different results coming from different directions.
PDF Critical Line Buffer Ordinances Guidance For Coastal Communities - SCDHEC The fact that your neighbors didn't OK the price with you first, nor ask about the cement filled holes, leads me to feel they really should pay for the entire fence themselves. Last modified: February 14, 2019. Or maybe we just got lucky! Lynn, We currently rent a house that is one half of a TIC. When we rented it it came with the garage which is behind afront property. Hi. anon, Perhaps the East Bay Community Law Center can help. Bring a good book to read while you wait. If the front property owners are cooperative, there are also several ways of setting up a written agreement giving you the right to continue to use the garage even after they sell. Outside of reporting them to the city, do we have any recourse? If it is legal, then you might have to hire your own surveyor to contest the developers. Accepted file types: tiff, jpg, png, pdf, Max. Dispute resolution begins and frequently ends with a lot line survey. A fence contractor probably would not be the best person to correctly interpret your survey. Good luck! This chapter was prepared in pursuance of authority conferred by the S.C. Code tit. It sounds like your neighbor is doing most of the work without permits. So I borrowed a backhoe and carefully cut the sidewalk in half lengthwise along the line and removed the section on my land to the property line leaving them a narrow sidewalk (not to code to reuse) forcing them to remove their 1/2 at their expense. Neighbors who want to share the cost should negotiate the design so that all parties are reasonably happy with the result. We estimated the cost of the job and asked if he would be willing to pay part of the cost. First, it's worth noting that fence etiquette historically says that the owner of the fence has the ugly side and faces the pretty side to the neighbor. For our first fence, the fence is a good neighbor fence (looks the same/"pretty" from both sides), both we and the neighbor got estimates and agreed upon the style and contractor, and we split the cost evenly. Your neighbors may have a surveyor. First of all, if hes offering to pay for the whole thing Id strongly consider just letting them do it - your half of the cost could be very high (new fence costs usually split between neighbors; since he initiated it, youll get the ugly side but still have to pay half). (WWIII of course, but still.
PDF Berkeley County Government They then couldn't rebuild it over the line, we both stayed on our sides, and they are still lousy neighbors. To establish an easement by prescription, a claimant must prove: 1. 17.2.2. Of course, this could bring up a can of worms with the other adjacent neighbor who may want to assert their property rights for those 10 inches if that's what the survey says. I mentioned that a contractor friend would be helping us, and would charge for his time, but that my husband would do the majority of the work at no cost to him (which he did). There are many facts that need to be known to give you a complete answer about what your rights are. It is not a good neighborfence and the "pretty side" faces them. Or do you just want to make a deal with these people and have a new fence? Field survey to locate existing survey monuments necessary to establish property lines of subject property. exceed the property line. Honor LSV chooses Berkeley County for establishing South Carolina Operations July 20, 2023. I can drive up the driveway but the width is so small now that once up the driveway I cannot open my door to get out. For the following survey I paid $4400 in 2019, below. Tell them that when it is time to replace the fence again, you will do it to your liking and pay 100%. It's very expensive. ANON. We did use a surveyor, and I can recommend Chris Bailey of Bates and Bailey in Berkeley. We live in Berkeley hills. Understand your terms. Since you have tried to be nice and discuss the problems with him to no avail, get the city involved for the illegal work he is doing.
Berkeley County, SC - Municode Library Animal Control Laws in Berkeley County and throughout South Carolina You would need to do a "lot split" to divide the empty lot,or "lot line adjustment" to change the boundary between your parcel and the one next to it;either way it's acomplicated and expensive land development process, and there are many reasons that the city might not allow it. anon. Good fences make good neighbors, and it seems like you all have some conversations to figure out an equitable and satisfactory solution. file size: 22 MB. IF MISSING AN ANIMAL Contact the Berkeley County Animal Shelter at 843-719-4210 or visit the Animal Shelter at 502 Cypress Gardens Road, Monday thru Friday 12:00pm - 4:00pm, Sat 12:00pm - 4:00pm, Closed on Sun. Current owners of the front property are going to sell shortly and we found out the garage is listed within the property line of the front property. Its possible that the page has been moved or the address was typed incorrectly. I would recommend that you write them a letter and express an interest in their lot, state that you are the next door neighbor, but do not talk price yet or say what you intend to use it for, or talk about buying a fraction of it. As a general practitioner and estate planner I see hundreds of property deeds all with metes and bounds descriptions. That was a hostile action on their part. Strengthen business and commercial activity by concentrating facilities; 4. Please call first and make an appointment for . She got a few other bids but really wanted a first class job and we could only pay for a budget one, so we offered to pay 1/3 of the cost and she seemed fine with that.
17.7. Bufferyard requirements. - eLaws For the moment, we have sent him a letter drafted by our lawyer giving him ''permission'' to use our land for the time being. We bought a lot in Oakland 35 years ago and built our house on it. Although they will more than likely require you to use up all other means prior to doing anything about it. Where can I go/who can help me determine where the actual property line is? Do you want to fight about it? We recently replaced one section of the fence. Thank you, wise community!
Where can I find Berkeley County Ordinances? I would have no problem with this normally except now the fence has made the driveway too narrow and completely inaccessible to cars. However there were problems previously with the old owners of my home, and my neighbor has placed a fence directly on the property line. Would we be required to remove that structure? Twitter. Another surveyor uses the drawing to do his own survey. Anon, You may be able to file a preliminary notice and then a Mechanic's Lien on your neighbor's property. Please consult a real estate attorney rather than relying on advice posted here, however well intended. It's unlikely your neighbors are going to want to do anything about it at this point.
Municode Library I would assume that the neighbor would bear the entire cost of replacing the fence. Charleston County. The surveyor asked me if I had seen the survey of that owner (I did not) and he was wondering if they had markers in the ground which mark the property line. I don't know about ''imminent'' domain (I think you mean ''eminent'' anyway). anon, You should go to small claims court. We would have to approach them to buy.) Ask your real estate agent about the laws about how people can take over other people's property in a hostile and nonhostile manner. The surveyor suggested to me, off the record, that if I decide to put a fence up between my and my neighbor's property, and I am going to be paying for the fence, I should have it built 1-2 inches on my side of the property. Minimize roadway hazards caused by numerous or poorly located curb cuts; 2. And if you do obtain a formal survey, you may not like what you find. Up and Down arrows will open main level menus and toggle through sub tier links. Would anyone know a good real estate attorney who is, in particular, experiencedat the courtroom part ofreal estatelitigation? Thanks! You can quantufy the labor value by taking bids on the job. We had a survey done in 2020 by Moran and it was $4000.
4th Of July 2022: Where To Watch Fireworks In Berkeley County If the surveyor indicates that the fence is not in the correct place, we would approach our new neighbors and explain the situation. Should I just move on? If his stakes had gone in, it would have cost us tens of thousands of dollars in litigation to get them out and get our land back. Less for me to weed anyway. I put up a fence that was very elaborate on my side since it is visible from my window, but my neighbor doesn't face the fence, so his side is just plain planks. It's called SEEDS (formerly East Bay Community Mediation). Berkeley County Government. Have her/him set flags and take photos of the flags and their relationship to fixed objects. I attended one lecture by a soils engineer where aerial photographs from 50+ years ago were overlain with recent ones, showing an astonishing amount of otherwise unnoticed movement. One of our 3 fences (they were all built at different times) recently needed replacing. The neighbor in the house directly behind us has been complaining about the condition of the fence between their house and ours, which was built long before we moved in. The area in question is not useable. Ask them exactly what they think should be done to solve the problem. The fence is only about 15 feet long. If you still have doubts and you don't want to pay for a full survey, you can have a surveyor come over and do a property marking; basically put down little stakes on the property line. another option is to have done an, 'every other panel' facing approach, so every 6-8' or so the pretty side switches sides. So he would only have to build the new fence to connect at the existing fence where his property ends. The process was pretty noisy -- several guys under the house with jackhammers -- which may be a problem for the neighbors. It's on a slope and gophers have a field day up there. you can report such activities anonymously. though now you are in a situation where the culprits know you dont agree with whats going on there (and so anonymous, not so much). This is a little off-topic, but We're very unfortunately in aboundary dispute with a neighbor. I could do this and with your assistance probably determine the location of your property corners (within an inch or so) based on your survey. The neighbor wants their slide of property back. Act, is hereby imposed in Berkeley County, South Carolina, subject to a favorable vote of
Municode Library I consulted my neighbor about doing a survey and she chose not to contribute to the cost.
Cupertino Union School District Schools,
Romulus Arcane Adventures,
Aa Conventions And Roundups 2023 Colorado,
Shannon South Apartments,
Articles B