TerraBites

A short newsletter of bite-size ideas to chew on for Terrafirma owner-member land trusts, released January, February, May, June, September, October and November.

 

Posts tagged encroachment

Practical Considerations with Boundary Issues

Over the past year, Terrafirma has seen an increase in boundary-related claims like encroachment, trespass and adverse possession. Two recurring themes are that the land trust suspected the violation was occurring for years but had not verified the property boundary line or thought the nominal trespass did not merit filing a Terrafirma claim. Many of these claims, unfortunately, were denied coverage due to being untimely filed. Some of the problems could have been stopped or abated earlier if the land trust identified the boundary lines and acted promptly.  

Terrafirma offers practical considerations for land trusts during monitoring visits to help you identify boundary issues.  

Please contact Leslie Ratley-Beach if you have questions about boundary-related matters.

 

Sincerely,

Tom Kester

Operations Manager and Secretary

Alliance Risk Management Services LLC        

Manager for Terrafirma Risk Retention Group LLC

 

Get off my lawn!

Does your land trust have written policies and procedures for dealing with an encroachment violation? Here is just one example of an action step that your organization can take: Ask neighbors to be your eyes. They can be your most valuable witnesses for up-to-date, firsthand information. For eight more tips on documenting, responding and more, click here.

Still have questions about handling an encroachment, or anything else? Please let us know. You can email us directly or call 202-800-2219 for Lorri, 202-800-2248 for myself or 802-262-6051 for Leslie.

Thanks,

Hannah
 
 

Survey Your Domain

When your land trust accepts an easement, it obtains a real estate interest in the easement under most state enabling acts. If you have a boundary disagreement with a neighbor to either fee land or easement land, you have the right to get a boundary survey.  If you delay boundary surveys, it may be too late to address serious continuous encroachments as trespassers may gain rights over time.  So get a boundary survey promptly to ensure that you identify potential legal disputes in the early stages when crafting a solution is relatively simple.

We’re here to help! If you have any questions about boundary surveys or anything else, please let us know. You can email us directly or call 202-800-2219 for Lorri or 802-262-6051 for Leslie.

 
 

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