Oct 04 2008
ASK ZACH ABOUT PORTLAND REAL ESTATE: Property Boundaries
When considering the purchase of a home or lot, how do I know where the exact boundary lines are?
This is probably the most-often asked question Realtors get for which we have the worst, or weakest, answer. The thing is, most of the time, in order to know the exact boundaries of the property, you’ll need to hire a surveyor, and this is never inexpensive. To have even a partial survey done of a typical city or suburban lot, where the surveyor will define the property’s boundary lines, this normally could run you somewhere in the neighborhood of two to five thousand dollars or more. Most people do not need or want to spend this kind of money for properties they own, no less those they may be considering purchasing. So what do you do?
Most city lot boundaries are defined by their legal description, which isolate a particular lot or lots on a plat map, drawn when the existing home or development or subdivision was built. As lots may be added to or subdivided through time and recorded, so too are the lot lines of record redrawn. You can freely access maps which to varying degrees will show you the broad perimeter of the lot with foot measurements usually noted alongside. You can find these online at the City’s Bureau of Development Services or at the Portland Maps website. You can find links to both these sites on my website, for your convenience.
Legal descriptions of most city-wide homes will specify which lot or lots or part of lots make up the property, which section of a certain page, of a certain map. All full-time Realtors will have existing relationships with title officers, who can also assist you in getting a copy of the plat map, as well as the property profile information. The boundaries of rural properties and some suburban properties (and even less city properties) are defined by “metes and bounds” descriptions. Whereas the typical “legal description” of an inner city property may be only 8-12 words, a metes and bound description can usually be measured in paragraphs; often a long paragraph, but sometimes several taking up more than a page of print. It can read like an old map for buried treasure and go something like this: “Starting at the big five foot boulder in the NNW corner of the property, which is approximately 30 feet south of the fire hydrant on the center of Smith street, advancing 25 feet to the East and curving southward for another 147 feet to the…” Etc.
Since most every property was at one time surveyed, even if that was performed 75 years ago, you may still find landmarks denoting the boundary’s borders. Look at the four corners along the presumed borders and you may find wood or metal stakes in the ground, often painted red or white, or painted or engraved stones, denoting the property line.
Look at the plat map and note the property dimensions. Typically, most inner City properties in N, NE and SE Portland are most often 50×100 feet. Some larger, some smaller. The more “close-in” you go, and particularly in SE areas such as Buckman or Kerns or Hawthorne etc., you will often find smaller lots, sometimes, say 33x 100 ft. You’ll get a pretty good idea by looking at the map and comparing it to your “eyeball” view of the real property. People often assume that existing fencing denotes a property line. However, most often, the fencing was installed inside the property line, maybe 3 or 5 or more feet, either to meet past or existing “setback” requirements and/or to avoid “encroaching” upon the neighboring property. However, there is no guarantee that existing fencing was done so accordingly and may actually really be on the neighboring property. If it has been there for a long time (many years) without objection, the law is likely on your side for your right, or the current owner’s, to keep it there, but these questions should be directed to an attorney specializing in real estate law. If you are wanting to put a fence up on your current property and you hire a licensed, bonded contractor who is experienced in fence installation, he or she will be familiar with the current setback and zoning resrictions and will advise you accordingly where the fence may or may not be installed.
In a nutshell, to avoid spending thousands on a survey which is usually not needed, most people most of the time will use a lot of common sense and caution, and ask a lot of questions of their trusted realtors, title officers, attorneys and contractors.
Most importantly, be healthy and happy in your home!
Zach Newman is an experienced, reliable and trusted Realtor in the Portland area. He is an agent for Re/Max Equity Group and he is a longtime member of PABA - Portland’s GLBT Chamber of Commerce. Call Zach at 503.287.8989 or visit his website at: http://www.equitygroup.com/zach.
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