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.