Minor Boundary Encroachment Relief
Hi guys I am doing a study of boundary encroachments and their options of relief around the world.
In the case of minor encroachment, (let's say a fence which encroaches over the neighbour by roughly 1cm or even a garden wall encroaches. How do you deal with it? In these cases of minor encroachments, if may not be worth the time and effort to claim adverse possession if they are in the legal right to do.
Does your current cadastral legislation allow for 'inaccuracies' of measurements or do you 'buck' it in on the plan. Or does the boundary carry 'width' on the ground such as national boundaries?
Hawaii does - HRS 669-11
I dont't know of any national boundaries that have width. There are many that are surrounded by a strip managed for boundary purposes, to avoid minor encroachment issues and for security, but the actual boundary is a line like any other.
I would contend that almost no boundary is run in a manner that a 1 centimeter 'encroachment' could be indentified with certainty. Few can demonstrate error ellipses on control much tighter than that, much less the radially or RTK located monuments.
Encroachments could be ascertained through line of sight (or a string line) between monuments.
Among remedies is the filing of permissive notice, the granting of an easement, or a lot line adjustment.