Who is responsible for maintenance of boundary fences and trees?

Most properties have three property lines setting the common boundaries with adjacent
properties owned by others. A fourth property line usually sets the frontage on a public right of way, such as a street.

The location of the common property lines is typically represented by common boundary improvements such as shrubbery or trees. When setting up, maintaining or removing common boundary improvements, the adjacent property owners’ rights depend on the type of improvement.

Common boundary improvements, other than trees, located on a property line between adjacent properties are called party walls.

Types of party walls include:

• boundary fences;

• driveways; and

• ditches.

Owners of adjoining properties are presumed to benefit equally from boundary fences.

Under this legal presumption, all adjoining owners are equally responsible for constructing, maintaining and replacing boundary fences.

The responsibility for constructing, maintaining or replacing boundary fences may be altered or removed only by:

• a written agreement between all affected owners; or

• an adjoining owner’s judicial petition to remove or alter their responsibility.

When trees mark a common boundary, each tree’s ownership is determined by the location of its trunk.

Solely owned trees belong to the owner of the property on which the entire trunk is growing. Trees growing on government-owned parcels, such as a right of
way for streets and sidewalks, belong to the local government, and thus the government is responsible for maintenance.

However, shrubbery or trees whose trunks stand partly on the land of two adjacent property owners belong to both adjacent owners. These trees are called line trees or common boundary trees.

Similar to maintaining a boundary fence, adjacent owners who own line trees are jointly responsible for maintaining the trees and, unless they agree to an alternate arrangement, share equal costs.

To avoid disputes, adjacent property owners need to consider entering into an agreement detailing how they will handle the maintenance of boundary trees.

 

Are you thinking about selling, or just curious about the value of your home? Call me today for a free home value estimate.

Stella Bonin

Coldwell Banker Residential Brokerage
480.797.4884 / 619.250.6214
stella.bonin@yahoo.com

I am licensed in California and Arizona and we have offices around the country.

California Bureau of Real Estate Lic. # 01222569
Arizona Department of Real Estate Lic. # BR550696000

“Equal Housing Opportunity”

How can I prepare for the final walk-through?

The final walk-through of the property you are set to purchase is your last chance to confirm that all agreed-to repairs are complete and that nothing has materially changed since your home inspection.

The final walk-through happens shortly before closing. It will likely take you and your
agent an hour or less to complete. Also, be sure to bring a copy of your home inspection
and final purchase agreement so you know which specific repairs to review.

Here is a list of what to look for when doing the final walk-through:

1.  Ensure agreed-to repairs have been made.

2.  Check that all appliances and fixtures to be included in the home purchase
are present.

3.  Ensure no trash or unwanted items left by the seller are present.

4. Check for the presence of mold or standing water in all the rooms, including
the bathrooms, the kitchen, near the water heater and the laundry room.

5.  Test all of the home’s systems, including the heater, air conditioner, appliances,
garage door and doorbell.

6.  Check the outlets by bringing along your cellphone charger.

7. Walk around the exterior of the home to ensure the landscaping is intact and no
exterior damage has occurred.

Finally, don’t hesitate to ask questions! I will be there at the final walk-through to provide answers and help you if issues arise.

Are you thinking about selling, or just curious about the value of your home? Call me today for a free home value estimate.

Stella Bonin

Coldwell Banker Residential Brokerage
480.797.4884 / 619.250.6214
stella.bonin@yahoo.com

I am licensed in California and Arizona and we have offices around the country.

California Bureau of Real Estate Lic. # 01222569
Arizona Department of Real Estate Lic. # BR550696000

“Equal Housing Opportunity”

 

 

All About The St. Patrick’s Day Leprechaun Pot of Gold!

St. Patrick’s Day is a holiday that honours St. Patrick and celebrates all things, Irish. Every year on March 17th, some people dress up in green and look for shamrocks, while others try to catch the elusive St. Patrick’s Day Leprechaun.

The Leprechaun is an Irish Fairy.

The St. Patrick’s Day Leprechaun is an Irish fairy. Most fairies are delicate and pretty, but this one sure isn’t! He looks like an old man and stands at around two feet tall. Dressed in head-to-toe green, he has a pair of pointy ears and carries a big stick, which he uses to scare anyone who tries to steal his gold. He prefers to be alone and spends his time either making shoes or searching for gold.

Leprechaun’s Job

This leprechaun is one lucky guy. How else would you explain the fact that he finds the pot of gold at the end of every rainbow? With that much gold, he can travel around the world as many times as he wants or buy anything his heart desires – and still have lots of dough left over.

The St. Paddy’s Day leprechaun isn’t the best-looking guy around. He’s old, wrinkly, short and a little green. On top of all that, he’s cursed! If you catch sight of him and keep your eyes locked, he can’t escape from your clutches. You can even force him to reveal the secret location of his precious pots of gold and he’ll have no choice but to spill the beans! But this sneaky leprechaun has a lot of tricks up his sleeve to make you look away just long enough for him to vanish, so you’ll never know the whereabouts of his hidden treasures.

Leprechaun’s Pot of Gold?

Do you know why you can never find the pot of gold at the end of the rainbow? It’s because this little fellow is always one step ahead of you and gets to it first! He has a huge stash of gold hidden away somewhere, making him the richest holiday figure around.

Have you ever seen him? Let me know!

Thinking about selling? Take advantage of the hot market this Saint Patrick’s Day!

Have you thought about listing your home for sale?

If you’ve been wondering whether now is the best time, wonder no further — inventory is low in your neighbourhood, prices are up and buyers are looking to buy. It’s a seller’s market, and that’s where you come in!

List your home this Saint Patrick’s Day and come away with a pot of gold.

Have questions? Interested in making more green by selling your home in this hot market? Please call today!

Stella Bonin
Associate Broker

Coldwell Banker Residential Brokerage
480.797.4884 / 619.250.6214
stella.bonin@yahoo.com

I am licensed in California and Arizona and we have offices around the country.

California Bureau of Real Estate Lic. # 01222569
Arizona Department of Real Estate Lic. # BR550696000

“Equal Housing Opportunity”

 

The Insurance Adjuster Is Not Your Friend!

 
When an accident occurs does not matter if it is your fault or another party’s negligence and you are injured or a loved one is killed, you must expect that the insurance company will reach out to you regarding your claim.

This is true for any type of accidents including:

Auto, Home (Disasters, Fire, Property, Accidents & Liability), Product liability, Dog bites, Medical malpractice and other accidents involving someone else’s negligence

Insurance adjusters do reach out as quickly as they can, but they do not have any intention not to help you. They act so fast because they want to get through to you before you have had time to think about your accident, related expenses, or hiring a lawyer to help you. They want to resolve the issue before you have had time to realize the extent of injuries you have suffered.

Adjusters are hired for their friendly or pretending to be friendly personality. They are engaging, conversational and approachable. They may seem very friendly and very concerned about you, but do not believe them. The last thing they care about is about you or you condition or if you will recuperate. They are not employed to help you or your situation. They work exclusively to maintain the best interests of the insurance company that employs them and be sure that you get the less money possible.

Ten Most Common Tricks Used By Insurance Adjusters to Deny Your Case

Below are the ten most common tricks used by insurance adjusters to devalue, diminish or deny your case:

– Promising to get a fair settlement for you while claiming to be on your side. They will sweet talk you to believe them.

– The adjuster is working in his or her own best interests, as well as those of the insurance company. Never working in your best interest.

– Their salary, security and future with the company depend on the outcome of their cases and how much money they have saved their company. The less that they pay you will secure their jobs.

– This means that your needs are not a priority, as your needs and what the company needs are opposed. Never think that you are important for them.

– Advising you to not get a lawyer and trying to get a settlement before you get one. It is very common that they will do anything to convince you don’t hire a lawyer.

– The adjuster knows that an attorney will make their job more difficult, as a lawyer will not let them get away with paying you less than you deserve. A lawyer will make difficult to rip off you.

– Negotiating a settlement is never easy and the insurance adjuster knows that as long as you do not have an attorney, they will get what they want out of your case. No having an attorney you will settle for less.

– Asking for a recorded statement. In the first conversation with you they will as for authorization to record the conversation.

– Adjusters want you to say something that will derail your side of the case, even if it can be taken out of context. They will try to set you up with an answer that was not what you were going to give.

– Even just saying you are “fine” when asked how you are doing in regular conversation with the adjuster can be used against you, if you are claiming injuries after a car accident.

– Asking you to sign authorization for the adjuster to obtain your medical records. This is done almost immediately after your claim.

– By signing the authorization for your medical records, the adjuster can learn all sorts of personal details about you.This is very important for them to check if it is anything in your medical history that can be used to deny your claim.

-Whatever they find can be used against you, even creatively. They will visit you and try to chat with you again and again.

-They want to discredit you and show that your injury is false or from prior issues. If you have prior issues they will want to use those against you.

– Very Important! You should never sign records over without your lawyer’s advice to do so.

-Having you agree to a quick settlement with signing of a full release.

-You may be offered an on-the-spot small settlement in exchange for signing a full release from other damages.

-Because this often happens even on the scene of the accident, you will not have had time to realize the full extent of your injuries.

-Delaying payment of your claim. The most that they delay the most frustrated that you will feel and you will settle for less.

-By delaying payment of your claim and making you endure the struggle of lost wages and medical expenses without compensation for a period of time, adjusters know that you will likely “crack” under the pressure and sign for a lesser amount than you deserve, just to gain the quickest payment possible.

-Conducting surveillance. They will follow you day and night. Even if you go to Mexico they will cross the border following you.

-When you claim injury, the insurance company will most often hire investigators to watch you and even videotape or photograph your movement and activities. They will sit in front of your home or employment to see all your activities.

-They do this to disprove your injuries. If you go for a jogging or pick you something they got you doing something that you don’t suppose to be doing if you were injured.

-The key is that in that case and you should not claim injuries you do not have.

-But even in fully honest circumstances, creative photography can provide a false impression that you are not injured. Photoshop is a great tool in any field.

-Misrepresenting the insurance policy’s coverage available for your claim’s payment. You need to know your policy. 

-Adjusters are sometimes deceptive in downplaying the amount of insurance available for a claim. They will pay you less that the insurance company approved in your claim.

-There is often more coverage than they lead you to believe. Your insurer may deny that you have uninsured motorist coverage, something everyone in Arizona or California is offered when acquiring insurance.

-But if they cannot provide signed proof that you rejected this offer at the time of signing up with that insurance company, they must provide this coverage for you. Probably you don’t know what you signed as you don’t read the contract line by line when you signed it.

-Denying liability for paying a claim. It about making the insurance company money not helping you.

-There are a multitude of ways in which an insurance company may deny or limit their liability for paying a claim. They will be sure that they will convince you that it was your fault.

-The insurance company may try to say the accident was your fault, that you contributed to the accident, or that another party under another policy was at fault. Everything is about not paying you.

-Disputing your damages and medical needs or trying to attribute these to a pre-existing condition. This is very common for them to claim.

-Adjusters will often try to step into the role of licensed medical doctors and claim that provided treatments were unnecessary or took too long to provide. Remember they don’t want to pay you, and they will try anything for you don’t get pay.

-Insurance adjusters are not medically trained and are unqualified to make such claims.

A standard homeowners insurance policy covers a surprising range of incidents and expenses. It may also surprise you what isn’t covered. Knowing what’s covered and what isn’t is key to protecting yourself, your family and your pocketbook. Please check with your insurance agent in your state.

Disclaimer: I am not an insurance agent and I only writing about insurance adjusters because of personal and family experiences and my clients experiences. Plus I feel that we all need to know how to protect ourselves in case that we have or a love one has an accident.

Are you thinking about selling, or just curious about the value of your home? Call me today for a free home value estimate.

Stella Bonin

Coldwell Banker Residential Brokerage
480.797.4884 / 619.250.6214
stella.bonin@yahoo.com

I am licensed in California and Arizona and we have offices around the country.

California Bureau of Real Estate Lic. # 01222569
Arizona Department of Real Estate Lic. # BR550696000

“Equal Housing Opportunity”

 

 

 

How to increase the lifespan of your house