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Boundary Line Agreement
 

BOUNDARY LINE AGREEMENTS:


A boundary line agreement is a survey that is used to legally settle the location of the property line between land owners and prepare the necessary documents that will be recorded with your county recorder's office to permenantely establish the location of the agreed boundary.

The boundary line agreement is an efficient means for property owners to settle an unknown or disputed property line. It is inexpensive, and straight forward.

The boundary line agreement may also be used to settle or correct some record title issues that may be present in the public record which may have created a cloud on the title of one or each property.

WHO SHOULD CONSIDER A BOUNDARY AGREEMENT:

  1. Two or more land owners that have reached an agreement on the location of their property boundary.
  2. An individual property owner that needs help in setteling a dispute in the location of a property boundary.

WHAT IS INVOLVED:

  1. If an agreement has been reached by adjoining land owners the surveyor should examine the location of their agreed line to ensure that local zoning regulations are not being violated by the location of the agreement. This is important to ensure that the ability to recieve building permits on the property has not been adversely affected.
  2. If adjoining landowners can not agree to the location of the property line between them a boundary survey may be necessary to see if the legal boundary between owners can be identified through a competent survey.
  3. If it can be identified and the owners recognize the identified boundary as the property line the surveyor will file a Record of Survey Plat with the county surveyor's office as required by Utah law. Nevada and Illinois have similar filing laws along with many other of the States.
  4. Additional documents may need to be prepared and recorded with the county recorder's office to finalize the agreement.
  5. Most of the time, however, when a boundary agreement is reached a surveyor should be employed to survey the agreed boundary line and prepare the needed documents for recording and filing with the appropriate government entity. Failing to do so may not provide the needed accuarcy to permanently resolve the boundar.

WHAT SHOULD YOU EXPECT FROM YOUR SURVEYOR:
Your surveyor should be experienced in Title, Zoning regulations, and the preparation of legal survey documents.

Your surveyor should be able to communicate effectively with each party of the dispute.

Your surveyor should walk the ground that is the subject of the dispute with each owner together to ensure that there is no misunderstanding between the parties or the surveyor as to what is being agreed and what the surveyor will need to do in the progress of the project.

Your sureyor should prepare the necessary survey documents that wil be recorded and filed with the county or appropriate govenment entity to ensure that the agreement is binding on all parties to the agreement, their sucessors, and/or assigns.

Each State has varying legal requirements, your surveyor must be well educated in the law of surveying.

Occationally, complex agreements may require the services of a qualified real estate attorney and your surveyor should be familiar with the law so that he or she may recommend these services when needed.

   
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