Florida 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.

Explanation: Cadastral survey: Cadastral survey are made incident to the fixing of property lines, the calculation of land area, or the transfer of land property from one owner to another.

Survey markers, also called survey marks, survey monuments, or geodetic marks, are objects placed to mark key survey points on the Earth's surface. They are used in geodetic and land surveying.

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.

In contrast to something like a topographic survey, which measures terrain and elevation, a boundary survey measures distance.

Florida home buyers are not required by law to survey their residential property before they close on their new home. However, it's a good idea to do so because any number of issues can materially affect the value of the property and the ability to sell it.

It is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, for any person to molest any monuments established according to this part or to deface or destroy any map or plat placed on public record.

Section 472.029 of the Florida Statutes allows the Professional Surveyor and Mapper and his/her employees the right to trespass when necessary for a Surveyor and Mapper to perform his/her duties. This does not give the Surveyor and Mapper the right to destroy or damage properties that he/she may enter.

It's very likely that, for a fee, they can send you a copy. Land surveys usually last 5 to 10 years after they are completed, so if the previous survey was done a long time ago, it's probably a good idea to get a new one done even if you locate the official document.

Florida home buyers are not required by law to survey their residential property before they close on their new home. However, it's a good idea to do so because any number of issues can materially affect the value of the property and the ability to sell it.

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Florida Agreement to Survey and Fix Location of Known Common Boundary