Building a Fence Without A Survey: Don’t Do It!

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§  Fencing
Fences serve many functions. They can be constructed for security reasons, pet or child confinement, hazard control, by-law requirements and agricultural uses. Or, fences can be simply an architectural or aesthetic improvement to your property. 
Fences are most often used to mark the boundaries of a property. Whenever fences are located on property boundaries they must be located properly to minimize the chance of causing legal issues that may be expensive to resolve.
§  Tips for Locating Properties Boundary
1.    The easiest way to determine boundary locations is to hire a Registered Land Surveyor.
2.    If you know where your property boundary markers are you can mark the property line—there are often monuments (pillars or beacons) for other purposes, such as roadways, etc. Be absolutely certain that the right survey markers are used.
3.    Remember it is illegal to disturb or remove any survey marker. There are Fines for tampering with boundary markers.
4.    Contact Registered Surveyors and have underground facilities marked. You do not want to hit a gas or electrical line.
5.    Ask your neighbour to help and be involved in determining the fence location.
§  Before you started- include your Neighbour
Discuss the construction of the fence with your neighbour—remember they have to look at it too. Ideally you and your neighbour should jointly own the fence—with this arrangement encroachment and access for maintenance is seldom a problem.
§  Permits, Bye law and Restriction
States and Local Governments have regulations about fences. Check with your local Building Department to see what permits, by-laws or other restrictions may affect your construction. 
Make the proper permit applications, pay the necessary fees and provide construction drawings and site plans if required
§  Role of Surveyor in Fencing
The cost of hiring a Registered Land Surveyor to conduct a fence line survey is well-justified if there is ever a boundary dispute.  The surveying cost is minor compared to potential costs of legal actions. A boundary determination by Registered Land Surveyor will thus reduce future costs, lessen the likelihood of legal action and will stand up in court.
§  Sole ownership
If you don’t get along with your neighbour, locate the fence entirely on your property. 
Design and locate your fence so maintenance can be done from your side of the property line.
Install a fence that is finished on both sides, or place the finished side facing the neighbour’s property.
§  Protect yourself-do it right
Fencing is considered an important residential design element and bylaws are in place to protect property values from construction that could damage the character of a neighbourhood.
If you hire a contractor, be sure you are protected from shoddy workmanship.
If there is any doubt about the fence location, insist that the fence-line be surveyed properly.
§  Protect survey makers
Survey markers (Beacons, pillars etc.) are very important and must be protected. It is illegal to remove or tamper with them. 
The law applies to everyone including landowners, contractors and landscapers.
An easy way to protect survey markers is to cantilever the fence at the corners. Set your last fence post two feet back from the corner and cantilever the remainder. Never set the fence post directly over or beside a survey marker as it could result in some disturbance or difficulty in accessing the marker. The cost of replacing a lost or damaged marker can often exceed the cost of the fence so be careful. Your goal should be to ensure the survey markers are easily accessible for your neighbour and others.
§  New neighbour
Consider future problems that may arise should the neighbouring property be sold. 
Remember that your verbal agreements with your old neighbour are not binding for the new neighbour. Make sure any access arrangements are disclosed to the new neighbour and if there is a problem create a formal agreement with the old neighbour before their property is transferred.
§  Hire us
How Do I Know Where My Boundary Is? If it’s not clear where your property boundary is, or there is a dispute, it’s important to hire a professional surveyor. This will give you peace of mind about the true boundaries of your property before erecting a fence or beginning another project.To obtain a professional, accurate survey in the Nigeria, call Geomartins & Associate. Our surveyors are knowledgeable about state and local regulations and use the latest technology and the most accurate methods for our surveys. We’re ready to complete a fast survey so you can move forward with your fencing project.

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