Sat | Sep 21, 2019

A Matter of Land | How does one go about a boundary line adjustment?

Published:Sunday | August 25, 2019 | 12:19 AM
Craig Francis

Good day, readers. This week we look at a question from a reader and the subsequent response.

 

Good day Mr Francis,

I am interested in purchasing a lot from a friend. However, the front part of the lot is small whereas the back part goes across the back of my neighbour’s lot. So both lots are like two triangles forming a square. The neighbour triangle has a wide front and a small back, and mine a small front and a wide back.

I was reading online and in the States I see where neighbours can sign a ‘Lot Line Adjustment agreement’. Is there such a facility in Jamaica? This would benefit both of us. Giving us a chance to have a rectangular shape lot instead of a triangular shape, which is posing a problem for construction and we would not be able to build on a large section that forms the point of the triangle.

Thank you for your help in advance.

Best regards,

Stacey-Ann

 

Good day Stacy-Ann,

There is no such thing in law here called a ‘Lot Line Adjustment agreement’; however, there is nothing here to prohibit you and your neighbour to enter into a legal agreement to have your boundaries adjusted for a symbiotic relationship. What I suggest is that you and your neighbour engage a commissioned land surveyor and an attorney-at-law to have your boundaries adjusted and reflected on your title.

LAND SWAP

The first thing is that the surveyor will have to do a survey to adjust the boundaries so that you have more land at the front of your property and your neighbour has more at the rear of her property. What he would do is have an equal amount of land from your property that is removed from the neighbour’s property removed from your property. This would mean that the same amount of land that’s taken from your property is taken from your neighbour’s property. This would mean that it’s a straight land swap and no cash would need to be exchanged between the two of you.

The surveyor would then prepare a PreCheck plan for both lots, showing the new changes and make the note that this new plan supersedes the old one. You then, after receiving the approved plan, have your attorneys apply for new titles with this new boundary plan so that the changes done are reflected on your respective titles. The attorney would do the application and the requisite paperwork to accomplish this and certain fees would not apply, as it’s a land swap and not a sale.

All the best in this endeavour and I hope you can have the matter sorted out in a short time.

Keep sending your questions and comments, as we continue to explore A Matter of Land.

Until next time, traverse well.

 

- Craig Francis is a commissioned land surveyor and managing director of Precision Surveying Services Ltd. He can be contacted for questions or queries at craig_r_francis@yahoo.com or Precision Surveying Services