Quick Answer: What To Do When Neighbor Is Changing Stream Property Line?

How do you deal with encroachment of a neighbor?

3 Best Ways to Handle Encroachments

  1. A Land Survey Works Wonders for Boundary Disputes. If you feel like your neighbor has or is developing on top of your land, you may want to get a professional land survey.
  2. Talk it Over and Offer Concessions.
  3. Bring on a Neutral Third Party.
  4. Hire a Qualified Estate Attorney.

Can my neighbors legally replace a fence between our properties if I don’t want it to be replaced?

It is important to know that your neighbours are not legally obliged to fix or replace a fence, unless it is causing a safety issue. If you find yourself in the unfortunate position where your neighbours are refusing to take any action on their damaged fence, a final option may be to erect a new fence on your own land.

Is it illegal to divert a stream?

To protect California water resources for future generations. A diversion a without a water right is illegal, and you may be fined up to $500 per day of diversion and use.

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How long before a boundary becomes legal?

In simple terms, the law means that if a neighbour of yours moves their fence by a few metres one year, and you do not complain or even mention it for a certain period of time, they could then legally claim to be the owners and occupiers of the land.

What are the 4 types of boundary disputes?

Broadly speaking, the majority of these disputes can be broken down into four categories:

  • Lot line disputes.
  • Fence, landscaping, and outbuilding disputes.
  • Access disputes.
  • Adverse possession claims.

How do you fix encroachment problems?

Common Ways to Deal With Encroachments

  1. Have a Professional Land Survey Done.
  2. Talk Things Out and Offer Concessions.
  3. Seek Mediation or a Neutral Third Party.
  4. If all else fails, hire a qualified real estate attorney.

Can you force a Neighbour to replace a fence?

Unless the existing fence is causing a safety hazard on your side, there’s very little you can do to force your neighbour to repair or replace it if they don’t want to. This is understandably frustrating for you, watching the fence leaning, rotting or falling apart, but legally your hands are tied.

How do you tell if a fence is yours or neighbors?

Title plans are one of the best ways to see which fence belongs to your property. Title plans may feature a ‘T’ mark showing many of your property’s boundaries, and who is responsible for maintaining them. A T mark on one side of the boundary indicates that the person on that side is responsible for the fence.

Who gets the good side of the fence?

Face the finished side of the fence toward your neighbor The finished side should face toward your neighbor. Not only is this more polite, but it’s the standard. Your property will look a lot nicer with the “good” side facing the outside world. Otherwise, your fence will look like it was installed backward.

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Can you move a stream on your property?

A landowner cannot alter waterways running through his land if it will affect water flows or individuals downstream. Alberta legislation simply provides that the crown has title to all “beds and shores” of permanent and naturally occurring bodies of water, rivers and streams.

Is it legal to use water from a stream?

An owner who holds land that includes a riverbank bordering on a flowing river can make use of the water for their needs, such as drinking, providing water for animals, bathing, or watering gardens. These are all considered domestic uses and are permitted.

Can I divert a creek?

In order to legally divert water from a stream, you must have a water right allowing you to do so. However, you must report all water used under a riparian right to the State Water Board every year. You do this by filling out a Statement of Diversion and Use form.

Who owns the fence between houses?

Contrary to common belief there is not a designated side of the fence to each property. The only way to fully know who owns what side, is to refer to the Title Plan or Land Registry. Usually displayed as T marks to indicate which boundary you own and are therefore responsible for.

Is there a time limit on boundary disputes?

If all else fails, and you decide to take legal action about the boundary, please note that there is normally a strict time limit of 12 years within which action can be taken. This is a complex issue and specific advice should be sought from a solicitor.

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Can you claim land after 7 years?

Also someone in adverse possession can rely on adverse possession by their predecessors so someone who acquires land from someone who has been in adverse possession for 7 years only has to be in possession for a further 5 years in order to claim title.

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