Hi guys I am doing a study of boundary encroachments and their options of relief around the world.?ÿ
In the case of minor encroachment, (let's say a fence which encroaches over the neighbour by roughly 1cm or even a garden wall encroaches. How do you deal with it? In these cases of minor encroachments, if may not be worth the time and effort to claim adverse possession if they are in the legal right to do.?ÿ
Does your current cadastral legislation allow for 'inaccuracies' of measurements or do you 'buck' it in on the plan. Or does the boundary carry 'width' on the ground such as national boundaries?
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Hawaii does - HRS 669-11
I dont't know of any national boundaries that have width. There are many that are surrounded by a strip managed for boundary purposes, to avoid minor encroachment issues and for security, but the actual boundary is a line like any other.
Wow that's interesting. That definitely have practical benefits to the surveyors
They do not have 'natural' wdith but in the case of india and pakistan, there is literally a line drawn on the ground or between belgium and netherlands, they are demarcated by a painted brick width and some houses actually do lie both countries
I would contend that almost no boundary is run in a manner that a 1 centimeter 'encroachment' could be indentified with certainty. Few can demonstrate error ellipses on control much tighter than that, much less the radially or RTK located monuments.?ÿ
Encroachments could be ascertained through line of sight (or a string line) between monuments.
Among remedies is the filing of permissive notice, the granting of an easement, or a lot line adjustment.
Line of sight may reveal something nearing a centimeter, but few work that way these days. A stringline is unreliable outside of a vacuum.
Assuming you made measurements well enough, you then have to determine if it amounts to an encroachment. Crossing a line doesn't make it so.
In practical terms I can't see attempting to define something of that magnitude.
Centimeter? Where's Mr. McMillimeter when you need him?
Intriguing subject. I recently spent several days hiking across Exmoor Park in Somerset, Southwest England. From a surveyor's standpoint I was keeping an eye out for any evidence of property corners and saw none, but what I did see just about everywhere I went were ancient stone walls around nearly every field, paddock and lane, built eons ago and filled with earth and trees planted in them and tended to form hedges. I'd say those walls/lines/hedges were on average 2 meters in width and 1-2 meter high, so there you go.?ÿ
Just because I'm paranoid, doesn't mean they aren't out to get me.
But when its time to build a zero lot line skyscraper in Somerset the line will end up at some specific point on the wall, i.e. the center, or one of the faces. There a many examples of where the thing that marks the boundary has a non zero width (stone walls, painted lines, cleared boundary swaths, a river....) but the boundary is still a mathematical line.
In the end though, it doesn't usually matter. Very few boundaries are required to be so precise that this goes beyond a philosophical discussion.
There are buildings that lie in both the U.S. and Canada too.
Things that mark a boundary will always have non zero width, but it does not follow that the actual boundary has a width.
New York changed the adverse possession laws 11 years ago, so affidavits and licences are used to clear up issues like fences and sheds. https://prfamerica.org/2014/ChangesInNewYorksAdversePossessionLaw.html