Boundary Line Agreement Template For California In Fairfax
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FAQ
If the property line goes through the middle of the tree trunk, the tree is jointly owned by you and your neighbor. Since you jointly own such boundary trees, you are allowed to trim them. But if your trimming kills the tree or you cut down the tree entirely, you could be liable for timber trespass.
California law recognizes the right of two adjoining landowners to agree on a specific line or marker to act as the property lines between the two parcels, notwithstanding the legal description in each parcel's deed.
A boundary line agreement is a legally binding document that sets clear boundaries between neighboring properties, providing certainty and preventing conflicts.
Under such an agreement, the parties acknowledge the true boundary line between the properties, and the encroaching owner releases any claim to the strip of land encroached upon. In return, the “encroached upon” owner allows the encroachment to continue for so long as he/she is not adversely affected.
The Boundary Line Agreement (BL AGR) provides a procedure for County review whenever a point or line determining the boundary between two or more parcels of real property cannot be identified from the existing public record, monuments, and landmarks or is in dispute. RCW 58.04.
California law states the presumption that two neighbors benefit equally from a boundary line fence and that they are therefore equally responsible for it. Of course if you want to be on good terms with your neighbor you would discuss a fence repair or replacement before beginning the work.
If you are facing a boundary dispute with a neighbor, the best option is to get in touch with an experienced California real estate litigation lawyer. Your lawyer may be able to help you resolve the situation through negotiation before resorting to the courts.
Resolving Boundary Disputes: Steps to Take When Conflicts Arise Document the Issue. Start building your case. Attempt Neighborly Negotiation. Before escalating, try to resolve the issue amicably. Seek Mediation Services. If direct negotiation fails, mediation can help. Consult with a Specialized Attorney.
California law recognizes that property owners may agree to establish or adjust boundary lines. These agreements can be made through written contracts or mutual consent. However, boundary line agreements must be in writing and signed by both parties to be legally enforceable.
