Florida 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.

As long as both property owners use the fence - that is, both parties own the land that touches the fence or have a fence on their own property that attaches to the boundary fence (such as a dog-run fence) - then both property owners are equally responsible for the cost of maintenance and repairs of the shared fence.

When it comes to a wooden privacy fence or a picket fence, the finished or ?nice? side of the fence should face your neighbors.

Property boundary means an imaginary line exterior to any enclosed structure, at the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person.

Where there is no dispute or mistake regarding the true boundary line and someone builds a fence that clearly encroaches upon your land, immediately notify that person of the encroachment in writing. In such cases, the encroaching person is required to remove the fence.

The requirements for adverse possession are very strict: (1) the person claiming adverse possession must possess the land openly, notoriously, and in a visible manner such that it is in conflict with the owner's right to the property; (2) this person must either have some sort of title on which to base claim of title ...

In addition to these basic requirements for adverse possession, Florida law requires that an adverse possessor occupy the land for at least seven years and meet either of the two following requirements: (1) adverse possession under color of title; or (2) adverse possession without color of title.

The law views the fence as benefiting both property owners equally. Because of that, it requires both homeowners to pay equal shares of the cost of construction of the new fence. It also requires both to share the costs of repair and maintenance.

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Florida Boundary Line Agreement and Deed Between Adjacent Land Owners