Hawaii 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

An example of a metes and bounds survey includes a description that starts at a known point and follows specific directions and distances to trace the property lines. For instance, it may describe a property as starting at a large oak tree and extending 100 feet north, then turning east for another 50 feet. This practical approach is often crucial when preparing a Hawaii Agreement to Survey and Fix Location of Known Common Boundary to avoid future conflicts.

An encroachment agreement is a written confirmation between the City and an owner of a property which allows a structure that extends onto City or public property to remain in place. There is a cost associated with this type of agreement.

Primary tabs. An encroachment is an unauthorized intrusion onto a neighboring property through the creation or extension of a physical structure (including flora) above or below the surface of land.

(a) General Rule. Except as otherwise provided in this section, the shoreline setback line shall be established 40 feet inland from the certified shoreline. (b) Adjustment of Shoreline Setback Line on Shallow Lots.

There is a term for this battle of land: encroachment. An encroachment happens when a fence or another piece of your neighbor's property crosses the property lines. Other examples of encroachments could involve trees, parts of a building, fencing or any other fixtures located on both pieces of property.

The ALTA survey will not only show the boundary lines and encroachments, but it will also show existing rights of way, easements evidenced by recorded documents, and setback or building restriction lines.

An encroachment agreement is a document that describes the encroachment and names the two parties. The party of the first part is the property owner with the encroachment. The party of the second part is the encroached neighbor.

In simple terms, the law means that if a neighbour of yours moves their fence by a few metres one year, and you do not complain or even mention it for a certain period of time, they could then legally claim to be the owners and occupiers of the land.

"De Minimis" Encroachment A "de minimis structure position discrepancy" is where a structure extends onto the adjoining property by no more than: For commercial, industrial, and multi-unit residential property - 0.25 feet. For all other residential property - 0.5 feet. For agricultural and rural property - 0.75 feet.

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Hawaii Agreement to Survey and Fix Location of Known Common Boundary