You have probably heard the expression “good fences make good neighbors”.  

The phrase became widely known from a Robert Frost poem ‘Mending Wall’. However, the sentiment goes back at least three hundred years.  Like any good saying, it’s applicable in many ways.

The good fence will set boundaries.  But where precisely is the boundary?  Land surveys can be a crucial component.  The surveyor does not rely on the tax map, and looks beyond the fences and structures on the land.  A surveyor will research not only the deed to your property, but also historical deeds of neighboring parcels and survey maps previously filed with the County.  A surveyor will place markers – nails, rods, spikes, and monuments to indicate any corner or change of course.  These markers are intended to endure and should not be removed.  A surveyor will look beyond the markers to your lot to verify measurements.

Property owners who have built without a survey may later be unpleasantly surprised to find their driveway, patio, fence, shed or landscaping is over a property line.  While residential surveys are typically only required locally with new construction, they may be beneficial even when not required.  You may have been required to purchase title insurance by your mortgage lender, however, without a survey, the legal description is not ensured to the extent it does not accurately disclose information an accurate survey would disclose.

With many of our City properties, people have shared driveways.  Most often this is done with a written agreement which will acknowledge the property line and then spell out the benefits and burdens to each property owner using the shared driveway.   

Similarly, one neighbor may have an easement for water or sewer lines crossing another neighbor’s property.  These easements or agreements should be in writing and recorded with the County Clerk.  The homeowner receiving the benefit of the easement will bear all costs, with minimal burden to the person allowing the easement. Sometimes there is a cash payment for disturbing or limiting the use the land.  There will be an ongoing obligation to not use the land that is the subject of the easement in a way which would interfere with the intended use of the easement.

In some cases, neighbors will agree to a fence being placed beyond a property line for convenience.  That placement, when done with permission, does not make the land the neighbors, and that permission can be rescinded at any time because there is no written agreement.  Similarly, landscaping may grow and extend beyond or overhang the property boundary.   The property owner has the absolute right to rescind permission granted and remove the whatever items are placed on or passing above their land.

In conclusion, a good fence sets boundaries and helps maintain relationships in the neighborhood, but the fence is only as good as they survey it is based upon.  Finally, before you build, check with your municipal code office for any zoning and permit requirements.

Law Office of Kathleen M Toombs PLLC

157 Barrett Street, Schenectady, NY

(518) 688-2846

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