Moving a Property Line?

[LWolken]

I need the brain trusts help on moving a property line. What has to be done to move a propery line over a couple feet in a residential subdivision? I have already discussed with our neighbor about moving the property line over about 10 feet so that our garage addition will not encroach on their property. One of the property line pins will need to be relocated and surveyed. I'm guessing I need a bill of sale from the neighbor? I'll also need to have it surveyed. Do I need to file this with the county? What about a title to the new property?

Thanks

[Bisch]

I had something similar to this happen. With us we found out several years after both parties were living there that my next door neighbors driveway was about 18" over on my side of the property line. We found this out when I had a survey done for a refinance. I told him not to woory about it but he insisted on having it "fixed". He was worried about this causing a problem whenever he tried to sell. Long story short. He found that changing the property line would be a nightmare. So he went to a lawyer and they wrote up an easement that was filed with the county clerk. I guess all is OK cause he sold his house several years later with no hitches.

Bisch

[Bisch]

Another option would be to just move your garage over 10' where you are not encroaching his property line.

Bisch

[jmaustin]

^^^

Agreed. Moving a lot line is an expensive and possible long process especially if you are in City Limits and the property is platted.
I would recommend an easement as well. There are boiler plate easement documents for use of property for building encroachment. This document will allow you to use that 10' of the neighbors property forever even if neighbor sells property. You (or whoever you sell to) would have to approve the removal of this easement document before the owner (neighbor) could do anything in that easement area. Should cost no more that a couple hundred for a lawyer to write the document. The easement will also require a survey description of the area which would cost no more than a couple hundre. I would guess between $200-$500 all totaled. Then just take the document (with signed and sealed survey notes, your signature, neighbors signature, and notaries) to the county and get it recorded.

[jmaustin]

P.S. -

If the neighbor sells their property, this easement will show up in the title work.

[LWolken]

I think all I need is an easement. The garage will be 5ft. on our property. My main concern was not having access around the new garage since we have a couple acres behind the house I might eventually want to dig a pond or something. The lot is in a cul de sac which doesn't make for a very wide lot. What kind of lawyer would do this sort of thing?

[Bilbo]

Either:

Get an easement

Get a lease (100 yr)

Have it replatted.

Either way you go, you should have a title attorney and surveyor involved.