In many ways, once someone purchases a piece of real estate, they are free to use it as they please. They may construct new structures or renovate existing ones. They might put up fences or gates. While permits are often required to ensure these projects are carried out safely and within regulations, property owners generally feel a sense of ownership and autonomy. It’s their property, and they can creatively use it as they see fit.
However, this does not always mean you can build anywhere on your property. Many properties have setbacks—designated distances that structures must maintain from property lines. These setbacks are intended to provide space between neighboring properties and to adhere to local zoning or building codes.
Setbacks vary depending on the structure
Setbacks are not uniform and may vary based on the type of structure being built. These regulations are typically established at the local level, so municipalities often have their own rules.
For example, setbacks for constructing a new garage or permanent structure may be more substantial than those for building a fence. While a fence might be permitted closer to the property line, larger structures often require additional space to comply with setback requirements.
Why do setbacks lead to disputes?
Setbacks can lead to disputes when property owners focus solely on the property line rather than the setback requirements.
For instance, imagine that your neighbor builds a new privacy fence. They’ve had a survey done, so they know exactly where the property line is, and they ensure the fence isn’t encroaching on your land. However, if they place the fence directly on the property line without adhering to the setback, they may still be in violation of local regulations, even though they haven’t technically encroached on your property.
If you find yourself involved in a real estate dispute regarding property lines, setbacks or related issues, take the time to explore all of the legal options available to resolve the matter.