Adjoining Property Owners

Definition of "Adjoining property owners"

Also known as adjoining landowners or abutting owners, adjoining owners are property owners whose property touches a common property. The definition of adjoining property owners is those individuals that own a property that shares a common boundary with one or more properties that are owned by another individual. These owners share a common boundary between their properties, which could be a wall that is a part of the structure of the building or a fence that limits the two yards.

So you are an adjoining property owner with the owners of the properties directly to your right, left, and back of your property if they touch yours. The properties are called adjoining properties because of this. But not to the owner of the property in front of your house, as it will have a road between them, separating one property from the other. The road is not a boundary for any of the two properties. An adjoining property can be a detached family house that shares a fence with the property next to it. Adjoined properties can also be two properties that share a wall from the structure of the houses, like mirrored homes or duplexes.

But what does that mean, being an adjoining property owner? 

But what does that mean, being an adjoining property owner? Being an adjoining owner means that, aside from owning a property that shares a common boundary with another property, those shared borders also share rights, duties, and liabilities. Both of the adjoining owners are expected to share the use of the common boundary in manners that would not affect the other owner, inflict upon their rights or affect the boundary itself to the best of their abilities.

The adjoining owners’ rights and obligations of adjoining property owners underline a reasonable use of the boundary without interfering with the rights of the other adjoining owners or their property. These interferences can be concerning noises, changes in the construction, visual effect on the owner’s private property. The adjoining owners’ rights are stipulated in the abutter’s rights.

For example: 

Adjoining property owners have a legal right – called abutter’s rights - to be notified when a zoning variance or change in licensing in the common property is being formally considered. The term adjoining owners was coined precisely to make sure both adjoining owners know they have responsibilities to its direct neighbors once construction and real estate development is done so close to another property.

Real Estate Tip:

A real estate agent can guide you through the best strategies when dealing with adjoining owners; find one now!

Comments for Adjoining Property Owners

Kimberly Kimberly said:

I have some land that adjoins to a neighbors land. He says that he had the right to use 30’ of my land to create a road to his adjoined land. Can he do this without my permission?

May 30, 2024  18:54:19

 
Real Estate Agent

Hello Kimberly! Thank you for contacting us!
When someone claims they have the right to use part of your land, it generally involves an easement. An easement is a legal right to use someone else's property for a particular purpose, such as access. There are several easements, including easements by necessity, prescriptive easements, and easements created by express grant or agreement.

To determine if your neighbor has a legitimate claim:

Review property records: Check your deed and land records for any existing easements.
It's essential to consult the local law regarding easements. Easement laws can vary significantly by location, and understanding these regulations will empower you to protect your rights effectively.
Seek legal advice: Pick a real estate attorney's brain to review your situation and provide professional guidance.

Unless an easement has been legally established, your neighbor should only be able to use your land with your permission. A real estate attorney will be able to offer the most accurate advice specific to your location and situation. We wish you the best of luck!

May 31, 2024  10:14:25
 
 
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