VII. RECORDATION ANDREPAIR-RELATED ISSUES CONFRONTING PROPERTY OWNERS
Homeowners are likely to face many significant challenges in the aftermath of a
natural disaster. Beyond the issues discussed in previous sections related to financial assistance through FEMA’s IHP and HMGP programs and from insurance, property owners may face legal challenges related to boundary lines, permits, debris, contaminants, shifts in watercourses, and so forth. This section will address some of these issues.
Preserving Information about a Homeowner’s Property Most of the information relevant to a property owner’s legal rights to her land and
the description of the land is kept in the Municipal Clerk’s offices. Those records are generally well protected and most municipalities have been participating in a program that creates duplicates of the records stored on microfilm. However, there may be landmarks or other key features of a homeowners’ property that may be damaged or disturbed by a natural disaster. These landmarks may have been used to outline the boundaries of the property on the homeowners’ deed.
Boundary Line Issues Related to Markers When it is safe to return to the property, the homeowner should take photographs
of the damage with as much detail as possible. If property boundaries are marked with monuments like iron pins, concrete markers, or the like, the homeowner should take pictures of the markers as soon after it is safe to return to the property. Take pictures of any disturbed markers and particularly the markers that are still in place. The homeowner should try to include the area around the markers, and anything that can be used to identify the location of the markers. This may become important as people work to repair the damage done by the disaster. If the markers are near roads, streams, or bridges that are damaged, the repairs may further disturb the markers. The repairs to a stream or watercourse may move the original banks, removing boundary markers. By having a record of where the markers were in relation to things that did not move, the process of restoring the markers and reestablishing the boundaries to your property may be easier. In addition to helping to address land boundary issues, these pictures will provide useful information to insurance adjusters and FEMA.
Boundary Line Issues Related to Shifting Watercourses In Vermont, many properties which abut watercourses share boundaries which are
established by the watercourse itself or adjoining streams and tributaries. Where a shifting watercourse defines a property boundary, locating and resolving boundary disputes and riparian rights can be a significant issue subsequent to a high water disaster for property owners who are faced with refinancing and rebuilding destroyed buildings and premises.
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