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Count the Ways

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(@not-my-real-name)
Posts: 1060
Noble Member Customer
Topic starter
 

What counts as the location of a house corner? The foundation, the footing, the eave, the siding... elsewhere?

If the foundation is coincident with the boundary, then the shingles are technically over the line.

 
Posted : 06/02/2024 5:59 am
(@norman-oklahoma)
Posts: 7609
Illustrious Member Registered
 

You have to carefully read the language of your governing local ordinance. It's generally the foundation, but there are exceptions.

 
Posted : 06/02/2024 6:09 am
(@not-my-real-name)
Posts: 1060
Noble Member Customer
Topic starter
 

The reason I ask is that an attorney has reviewed my map from several years ago. He has another surveyor's report that the building on the property is 0.16 feet over the line, and is calling that an excroachment.

In the survey that we made the building was found to be 0.04 feet over the line, and was considered insignificant. While I do not disagree with the other surveyor's measurement, I need to point out that differences can occur over time, because of movement, type of equipment used, choice of control, and finally what is being called for as the corner of the building.

 
Posted : 06/02/2024 11:51 am
(@bob-freeman)
Posts: 150
Estimable Member Registered
 

Norman_Oklahoma is spot on.

I'm in Massachusetts and each Town has their own Zoning regulations with differing set-back requirements.

The Zoning regs have a "definitions" section that will (usually) define what a "building" is and what the set-back should be measured to.

Almost all in my area are to the finished building corners. One Town uses the roof overhang

 
Posted : 06/02/2024 6:46 pm
(@srpim)
Posts: 24
Eminent Member Registered
 

A while back, before we had reflectorless, in coastal Maine, I set up on one side yard bound, backsighted another, and pointed the scope towards the sky. The building inspector was there, and a worker three stories up on a scaffold with a circular saw. I was told to direct the cut to eliminate any overhang past the crosshair. From the ground without the scope, the change was invisible.

On ocean front, every tenth matters.

 
Posted : 06/02/2024 8:08 pm
(@jim-frame)
Posts: 7277
 

In 1999 I surveyed the boundary of a downtown lot in my home town (small city) prior to development of a 3-story mixed-use building. I wasn't involved in the construction staking, but in 2002 I did an ALTA survey on the place to support the switch from construction loan to long-term loan, and found the face of stucco to be over the line by 0.1'.

It turns out that the architect had designed the building with the edge of slab/face of studs right on the property line, and I had a little talk with him about why he ought not do that. But the loan went through anyway, and everyone let the sleeping dog lie.

That dog woke up in 2015 when the optometrist next door sold his property, and an ALTA survey (by others) showed the face of stucco to be over the line. My former client had to buy a thin strip of the optometrist's lot and pay all costs of a lot line adjustment as a result.

 
Posted : 06/02/2024 10:28 pm
(@not-my-real-name)
Posts: 1060
Noble Member Customer
Topic starter
 

In this situation there is only one building corner over the line.

 
Posted : 07/02/2024 1:22 am
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