Assessing property boundaries is both an art and a science.

Disputes regarding property boundaries can arise for a number of reasons. Properties can be difficult to survey. Rough terrain and human error may lead to miscalculation. Older boundaries may have been determined with poor instrumentation.

One common boundary-related problem occurs when a gap of land–known in the surveying industry as a hiatus–is found between properties and does not belong to either party. These gaps, as well as boundary overlaps, tend to occur when properties are resurveyed and discrepancies are found in either a subsequent survey (the junior survey) or with the original survey (the senior survey).

The federal courts have settled many property boundary disputes. Over time, established procedures have evolved for resolving these discrepancies.

In U.S. v. Weyerhaeuser Company (1967), the 9th Circuit Court decided that discrepancies in surveys did not matter and that the original monuments– the permanently placed survey markers in the ground–marked the boundary, and any resulting hiatus was deemed public land. The courts have consistently determined that hiatus land shall remain in the public domain.

Cases regarding overlaps are more complicated. Courts have consistently said that when two officially accepted surveys conflict, and the result is an overlap, the survey that is senior in time takes precedent.

When it comes to court cases involving property rights, the concept of “first in time, first in right” is firmly established. In Wirth v. Branson (1878), the U.S. Supreme Court made it clear that once a property had been patented (title of ownership confirmed by the government) the government cannot convey that land to any second party.

The information contained in this article is educational and intended for informational purposes only. It does not constitute real estate, tax or legal advice, nor does it substitute for advice specific to your situation. Always consult an appropriate professional familiar with your scenario.

What was the profile of the average home that sold in Belmont last year?

• The average home which sold had three bedrooms, two baths was 1,925 square feet in size and was located on a 6,430 square foot lot

• It sold for $879,450 in 44 days

BELMONT STATISTICS for 2011

• There were 186 single family home sales in 2011

• The average time a home was on the market before the seller received an offer was 44 days

• 32% of Belmont homes sold over the asking price in just 19 days

• 11% sold at the seller’s asking price in 29 days

• 57% sold under the asking price and took 60 days to do so

• 103% was the percent of the asking price the sellers received who sold their homes in 19 days

• 96% was the percent of asking the sellers whose homes were overpriced received in 60 days

It becomes abundantly clear that the last thing any seller should want to do is overprice their home, yet more than half of the homes sold in 2011 were overpriced. These sellers also had to lower their asking price by on average $61,000 and then received 7% less for their homes than ones priced correctly.

If you are considering selling your home this year, choosing a local agent who knows the values in Belmont and then of course listening to what they tell you will go a long way towards putting more money in your pocket.

The information contained in this article is educational and intended for informational purposes only. It does not constitute real estate, tax or legal advice, nor does it substitute for advice specific to your situation. Always consult an appropriate professional familiar with your scenario.