Boundary Line Agreement: A General Guide

A boundary line agreement is a legally binding document that sets clear boundaries between neighboring properties, providing certainty and preventing conflicts. The agreement is between neighboring states or jurisdictions in the United States that set specific boundaries between their properties and serve to resolve territorial disputes. These agreements are useful in resolving boundary disputes, clarifying property lines, and avoiding potential conflicts. This blog will delve into several aspects of boundary line agreements.

Main Functions of a Boundary Line Agreement

A boundary line agreement serves several key functions as detailed below:

• Encroachments: A boundary line agreement aims to prevent encroachment, which occurs when one property uninvitedly intrudes onto another. Homeowners or property owners must accurately understand the boundary line when constructing fences, landscaping their yards, or making modifications near the property's perimeter. By establishing a boundary line agreement, both parties gain a clear understanding of their property borders, reducing the chance of unintended intrusion.
• Property Transactions: Another key purpose of a boundary line agreement is to make property transactions easier. When selling a home, potential buyers and lenders want assurance that the property borders are well delineated. With a boundary line agreement, sellers can provide documentation that illustrates the agreed-upon limits, facilitating a smooth and transparent transaction process.
• Dispute Resolution and Arbitrations: In cases where there is disagreement over the exact position of a property line, a boundary line agreement can be useful in settling disputes without resorting to judicial processes. Property owners may choose arbitration over going to court, allowing both parties to negotiate and agree on a border that satisfies their needs.
• Legal Validity and Lot Line Agreements: It is important to note that any boundary line agreement, even if approved through arbitration, is still subject to applicable city, state, and federal rules and regulations. Additionally, the involved parties may be required to sign a lot line agreement to safeguard the legitimacy of the agreed-upon boundary in future legal challenges. This agreement enforces the boundaries and serves as a legally enforceable document that can be utilized in court if necessary.
• Methods and Requirements: The specific methods and requirements for boundary line agreements can differ based on the states involved. Each state has its own set of laws and procedures for resolving boundary disputes and reaching agreements. Federal authorities such as the United States Geological Survey and the United States Department of the Interior may also be engaged in boundary determinations.
• Neighborly Relations: Clearly delineated property boundaries promote amicable neighborly ties. By agreeing on the position of the boundary line, property owners can avoid unintended encroachments, arguments over shared resources (such as fences or trees), and other difficulties.
• Land Use Planning: Boundary line agreements aid in the planning and development of land. Accurate property boundaries assist local governments, urban planners, and developers make informed decisions about zoning, infrastructure development, and land use restrictions.
• Land Rights: By explicitly outlining the scope of each owner's land, a boundary line agreement helps consolidate property rights. This information enables property owners to exercise their rights, such as determining where to build structures, maintain landscaping, or make renovations without unwittingly infringing on neighboring properties.

Steps to Establish a Boundary Line Agreement

The process involved in establishing a boundary line agreement typically includes the following steps:

• Process and Methods: Boundary line agreements are typically reached through negotiation, arbitration, or litigation. Extensive study, historical analysis, and surveying techniques are employed to establish precise boundary lines based on historical documents, geographical factors, and existing landmarks.
• Agreed Line and Zoning Compliance: Once adjoining landowners have agreed on the location of their property line, a surveyor investigates the agreed line. This examination ensures that the agreed-upon location complies with local zoning restrictions. The surveyor assesses compliance with zoning standards to ensure the property remains eligible for necessary building permits.
• Boundary Survey in Case of Dispute: If adjoining landowners cannot agree on the position of the property line, a boundary survey may be necessary. This survey aims to evaluate whether the legal boundary between the owners can be precisely identified through professional surveying methods. The surveyor conducts a detailed boundary survey to establish the precise boundary line and resolve any conflicts or uncertainties.
• Record of Survey Plat: If the boundary line is identified during the survey, and the owners accept the identified boundary as the official property line, the surveyor will submit a record of the survey plat. This document officially records the agreed-upon boundaries and ensures they are legally recognized.
• Surveyor for Accuracy and Resolution: When a boundary agreement is reached, it is advisable to hire a professional surveyor. The surveyor surveys the agreed-upon boundary line and prepares the necessary documentation for recording and filing with the appropriate government organization. This comprehensive approach ensures the accuracy and permanence of the determined boundary, providing the parties with a reliable solution.

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Expectations from a Surveyor of a Boundary Line Agreement

When hiring a surveyor for a boundary line agreement, certain expectations should be met:

• Expertise: A qualified surveyor should possess expertise in title research, zoning restrictions, and creating accurate and legally compliant survey documentation. This knowledge ensures a comprehensive and dependable outcome.
• Effective Communication: A skilled surveyor should be able to communicate effectively with all parties involved in the disagreement. Clear and concise communication fosters understanding and collaboration between the surveyor and the involved parties, ensuring everyone is aligned regarding the agreement and the project's necessary steps.
• On-Site Verification and Understanding: The surveyor should walk the disputed ground with each owner to prevent misunderstandings and ensure clarity. This collaborative process promotes mutual understanding of the agreed-upon boundaries and allows the surveyor to estimate project requirements accurately.
• Survey Documentation Preparation: The primary responsibility of the surveyor is to prepare the necessary survey documents, which will be recorded and filed with the appropriate government organization. These documents bind all parties involved, as well as their successors and assigns, to the agreement. The surveyor should possess the knowledge and expertise to prepare legally sound and compliant survey documentation.
• State-Specific Legal Requirement: Each state has its own legal requirements for surveying and boundary line agreements. A qualified surveyor should be well-versed in the specific surveying rules and regulations of the state. This ensures compliance and conformity to the legal framework throughout the procedure.
• Real Estate Attorney: In complex agreements, the involvement of a qualified real estate attorney may be necessary. A skilled surveyor should possess knowledge of the legal aspects of surveying and recognize when the services of a real estate attorney are required. Their understanding of the law enables them to recommend and collaborate with attorneys as needed.

Key Terms for Boundary Line Agreements

• Zoning Regulations: These are rules and regulations established by local governments that specify how properties can be used and developed in a specific area.
• Surveying: Surveying is the process of measuring and charting the physical features of a property to identify its boundaries accurately.
• Legal Compliance: Legal compliance refers to establishing and enforcing the boundary line agreement in accordance with all applicable laws, rules, and regulations.
• Property Boundaries: Property boundaries are the lines that define the scope of a property's ownership and control.

Final Thoughts on Boundary Line Agreements

A boundary line agreement serves as a vital document that defines the precise location of property boundaries between parties. It is a legally binding contract that helps prevent conflicts, upholds jurisdictional lines, and ensures adherence to zoning and building codes. By documenting the agreement in writing, parties can have confidence that the stated boundaries are accurate and enforceable, bringing clarity to property ownership and promoting peaceful coexistence.

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ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.

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Meghan Thomas is an accomplished transactional attorney. She specializes in IP, real estate and tech related transactional matters, and business contracts. Meghan's innovative leadership style has attributed to the firm's rapid development and presence in the metro-Atlanta market. She obtained her Doctor of Law from Emory University where she worked with the State Attorney General and litigated property disputes for disadvantaged clients. ​ Prior to practicing, Meghan negotiated complex transactions for Fortune 500 tech and healthcare companies. She lives with her family in Southwest Atlanta, enjoys cooking, travel, dance and continues to develop her research in the areas of transactional law and legal sustainability.

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Since 2008, I have worked to assist clients in solving problems and addressing challenges that inevitably arise as a business grows - both anticipated and unexpected. My experience in Georgia and Tennessee in both drafting contracts and enforcing them via litigation and/or arbitration has provided clients with unique insights that help them anticipate problems and inform their decisions from start to finish.

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