California Boundary Line Agreement and Deed Between Adjacent Land Owners

State:
Multi-State
Control #:
US-OG-619
Format:
Word; 
Rich Text
Instant download

Description

This form of agreement and deed addresses the matter of the uncertainty of the exact location of the boundary line between two tracts of land owned by different parties. It establishes a definite boundary line of the two tracts, it also provides that the mineral estate under the lands is owned in the same manner as the surface of the lands.
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FAQ

Legal boundary ? a legal boundary deals with the precise separation of ownership of land. It is an invisible line dividing one person's land from another's. It does not have thickness or width and usually, but not always, falls somewhere in or along a physical boundary feature such as a wall, fence or hedge.

To establish a boundary line under the agreed-boundary doctrine, the following facts need to exist: uncertainty as to the boundary's exact location; an agreement between the owners to set the boundary line; and. acquiescence to the boundary line for a period of at least five years.

California Civil Code Section 842 has a clear message about neighbors and fences: ?Adjoining landowners are presumed to share an equal benefit from any fence dividing their properties and, unless otherwise agreed to by the parties in a written agreement, shall be presumed to be equally responsible for the reasonable ...

The agreed-boundary doctrine is a principle used by adjacent landowners to resolve uncertainties over land boundaries by permanently fixing the boundaries through an agreement. This means that owners of contiguous land can agree on the boundary between their parcels, as long as certain conditions are met.

A boundary agreement is an understanding between parties indicating where the boundary between two or more properties exists. The line agreed upon may or may not be the true or original boundary, and it does not have legal value until both parties sign a lot line agreement.

For the agreed boundary doctrine to apply, there must be: (1) uncertainty as to true boundary line; (2) an agreement between the adjoining neighbors fixing the line; and, (3) acceptance or acquiescence to the fixed line for at least 5 years or under circumstances where substantial loss would be caused by a change of ...

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.

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California Boundary Line Agreement and Deed Between Adjacent Land Owners