Guam Agreement to Survey and Fix Location of Known Common Boundary

State:
Multi-State
Control #:
US-1090BG
Format:
Word; 
Rich Text
Instant download

Description

This agreement operates as an accord and satisfaction. Although the definition is variously stated from state to state, generally speaking, an "accord and satisfaction" is a method of discharging a contract or a claim or cause of action whereby the parties agree to give and accept something other than that which is due in satisfaction of the existing claim. For an accord and satisfaction, the "accord" is the agreement between the parties, and the "satisfaction" is its execution or performance. An accord and satisfaction results when: (i) the parties mutually intend to effect a settlement of an existing dispute by entering into a superseding agreement, and (ii) there is actual performance in accordance with the new agreement. Accord and satisfaction requires both components4 as without an agreement to discharge the obligation, there can be no accord, and without an accord, there can be no satisfaction.
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FAQ

Fixed boundary is where a boundary of a parcel of land has been accurately determined by survey. Survey marks are placed at the corners of the land and the actual boundary between two survey marks is the straight line joining them.

A Boundary Stake-Out is a type of survey which marks or monuments the physical position of property corners or lines.

The application costs £90. You'll also need to pay the surveyor and the solicitor a fee. If your neighbour agrees with your application, they'll need to sign the form and the plan as well. If your application is successful, HM Land Registry ( HMLR ) will send you a copy of your updated title plan and register.

Advantage of fixed boundaries: Landowners can have confidence in where their property limits lie since these are formally recognized within the system. Disadvantages of general boundaries: The precise line of the legal boundary between adjoining parcels is left undetermined.

Boundary Survey A boundary survey is used to locate the corners and boundary lines of a parcel of land. This type of survey involves both record and field research, including any measurements and computations needed to set the boundary lines in accordance with applicable state laws.

To establish a clear boundary, adjoining property owners can decide where they want it to be and then make it so by signing deeds that describe the boundary agreed on. If you have a mortgage on the property, consult a local attorney for help in drawing up the deeds.

There is no necessary formality to a boundary agreement. Such an agreement might come into being by way of a relaxed neighbourly chat. The agreement, once made, will be binding on successors in title. It has been repeatedly stated by judges that so-called boundary agreements are to be favoured in the law.

Fees start around £1500 +vat plus a A£240 initial appointment fee. This can rise up to A£2,200 + vat if the mediation is not successful and the initial expert report is to be used in court.

Unlike topographic surveys, which mainly consist of fieldwork, boundary surveys also require research with local records. Surveyors will take measurements on the field and cross-reference them with historical records to ensure accuracy.

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Guam Agreement to Survey and Fix Location of Known Common Boundary