Boundary Line Agreement Template For California In Oakland
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FAQ
A Boundary Line Adjustment refers to the modification of property lines between two or more adjacent parcels of land. Property owners may seek this adjustment for various reasons, such as accommodating changes in land use, correcting erroneous legal descriptions, or resolving boundary disputes.
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.
These “side” issues include such matters as resolving substandard access to the public road and meeting bulk zoning regulations such as lot width and area. A Boundary Line Adjustment, then, is an Administrative action by the city or county planning authority. In contrast, a Boundary Line Agreement is a judicial action.
A boundary adjustment is a subdivision of two or more contiguous sites, where the site boundaries are amended, altering the size and/ or shape of the existing sites.
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.
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.
Under California law, property owners cannot remove or alter a neighbor's fence without following proper legal procedures, even in cases of encroachment. Removing or damaging someone else's property without consent could lead to legal consequences, including claims for trespass.
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.
