What Is an Agreed Boundary?
Many property owners have a difficult time determining the boundary line between their property and an adjacent property. Often, neighbors will agree on a property line even though it may not be the true property line. This can lead to many problems because of inconsistencies at a later date. Will an Agreed Boundary Line be Legally Binding?
It is possible for neighbors to have their agreed boundary made legally binding under certain circumstances. This agreement will be enforceable even if a surveyor later determines the true boundary line. However, the agreed boundary line must have been effective because of confusion or uncertainty as to the true boundary line. What are the Elements of an Agreed Boundary Doctrine?
There are various elements that are necessary for an agreed boundary line. These elements include: - Uncertainty as to the true boundary line;
- Landowners must agree on the boundary line;
- Owners must affirm and act as though the new boundary line is the true boundary line; and
- Owners should identity the new boundary line. This can usually be accomplished by erecting a fence or some other identification.
If one of these elements is not met the agreed boundary line might not be legally enforceable. Is the Agreed Boundary Enforceable against Future Parties?
The agreed boundary doctrine binds future parties to the new boundary. There may be no property records in effect but the agreed boundary doctrine of parties will bind future owners. This occurs frequently when the agreed boundary line has been in effect for many years with the previous owners. Do I Need a Lawyer to Make a Boundary Line Agreement?
The law regarding agreed boundary doctrines can be difficult. An experienced real property attorney can help property owners to put their agreements in writing to make sure no inconsistencies or disagreements occur. A real property lawyer can also check the relevant state laws in your area to determine what steps are necessary to finalize an agreed boundary line. |
