You cannot use a border agreement to sell or give away part of your land to your neighbour. Example: Two people buy land in a subdivision. The dividing line between their characteristics is not clear, both from the map of the subdivisions and from their descriptions of deeds. They want to fence their property, and they agree on a border. These two guys are friendly neighbors; one even gives the other the wood for the fence. A beautiful split rail fence is built, as well as a comfortable house. Both properties will then be sold. The new owner of the fenced house returns one day from shopping and discovers a crew demolishing its fence. The other owner has had a new investigation conducted that shows that the dividing line runs directly through the buyer`s room. Usually, it happens that someone wants to erect a fence, or maybe the two neighbors want to put one together. When they try to find the boundary, they find that property descriptions conflict in their actions or may not make sense. They don`t want harsh feelings or complaints, but simply agree on a line that suits both. Many are the neighbors who have done this and lived happily side by side for many years.
If you and your neighbor enter into such a written agreement, use the exact descriptions of the property included in your deeds. Make sure all owners sign the agreement. Have it notarized and make copies to keep with your deeds. To establish a clear boundary, adjacent landowners can decide where they want to and then do so by signing deeds describing the agreed boundary. If you have a mortgage on the property, contact a local lawyer for help drafting the deeds. Anyone who holds the mortgage may need to be notified and obtain permission before transferring even a small portion of the land. Some mortgage companies will not be affected or will not want to be involved. But others put a clause in the mortgage that allows the company to demand full and immediate payment of the entire loan if the borrower transfers interest on the property. Presumably, your neighbour had an investigation conducted at the border to make a legitimate claim. We can review the neighbor`s investigation and conduct our own independent assessment of your location limit to determine whether the claim is well-founded or not, and work with your lawyer to provide you with options.
Often, there are different opinions about the location of a dividing line between surveying professionals. These disputes can be resolved through negotiations or the filing of appeals in court. Whenever a neighbor starts building on what you think is your property, pass for a conversation and find out what`s going on. Most likely, a mistake was made. There may be a contradictory description in fact of the neighbor or simply a false assumption on the line. You may even find that none of you are really sure where the border is. You may want to make your own agreement on a boundary or hire a surveyor to find the one that exists. (See Setting Dangerous Limits above.) An agreed limit is when owners approve a new line that divides their properties. The line may not be the real border, and it has no legal value until both parties sign a lot line agreement. If you and your neighbour can`t agree on where you think the line should go, you may be able to get help from a qualified mediator. A mediator helps people to iron out difficulties and reach an agreement that is satisfactory to all parties involved. Mediation of disputes between neighbors is often free or very inexpensive.
(5) If an owner is essentially based on a demarcation line and the other owner does not object, some courts will say that the other owner has accepted the boundary and is legally prevented from protesting otherwise. The end result is the same, no matter how it is described – the line becomes the legal limit. However, if you and/or your neighbors are still paying off both mortgages on your properties, you`ll likely need to consult a lawyer before making a deal. Your bank may prevent you from entering into such an agreement and instead insist that you hire a licensed surveyor to survey the land. Most people often find it too difficult to tell exactly where the boundaries of their property are without hiring a surveying professional. If you decide to hire a licensed land surveyor, he or she will come to your property and place markers that mark the boundaries of your property. You can find a list of licensed land surveyors in your area by simply checking your local phone book or the Internet. It`s often best to call a few of these companies, explain what you expect from them, and then hire the one you think is best suited for the job.
You can usually avoid having to create a border agreement by having an informal conversation with your neighbor. The court justified its decision by the fact that the house builder had relied on the agreed limit when building a house. Getting him to demolish the house, the court ruled, would be too strict and unfair. The man who demolished the fence was ordered to pay the neighbor not only the replacement value, but also $500 in additional damages for the malicious behavior he showed in demolishing his neighbor`s fence. (6) There are several situations where you need the professional services of a land surveyor. Surveying is recommended if you are buying a new property, dividing your existing property, making improvements to your property, adjusting a demarcation line, determining the location of your demarcation lines, resolving boundary disputes with a neighbor, preparing a Map Modification LETTER (LOMA) for flood-prone properties, or creating a site plan for planning committee approval. Good boundaries make good neighbors. Sometimes, when a line has been treated as a border by both owners for many years, an initial agreement between them is derived from a court that decides the validity of an alleged border agreement. A court could reach this conclusion if all the other conditions of an agreed limit are met.
The Witten Report notes, which appear on a boundary survey map, generally include the following: the purpose of the survey, the property registration or document reference, the storage base, the method of measurement, and references to previous plans or surveys. Reports can also include an explanation of the results, opinions, results, and conflicts for each dividing line. This usually includes a statement about the information found in the deeds and physical evidence found on the face of the earth. An explanation of how the dividing line or corner was determined for the results of this survey and, if necessary, possible problems and/or conflicts. The notes in the report also contain a note or explanation of the benefits or burdens (rights of way, easements) in relation to the property. View a sample report notes It is only when all these requirements are met that the boundary on which the neighbors have settled becomes the legal line. Some courts can be extremely strict when considering whether a border agreement meets these criteria. If any of the requirements are missing and the line is challenged in court, the agreement will be deemed void and the demarcation line will be considered more dangerous than ever. We discuss each of these requirements below. Because the fence was so old, former owners from previous years were called to testify whether or not it was an agreed boundary.
They told contradictory stories; some had assumed that the fence was the border, others did not. It turned out that disputes over whether or not the fence was the agreed boundary made no difference, as there were old border marks on the property that could have been found by any of the owners if someone had searched.. .
