Illinois 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

Metes and Bounds Legal Description This is a public surveying system that is centuries old. Using this method, townships and ranges are divided into sections, each totaling 640 acres. The legal description pinpoints the location of a given property within its particular township, range, and section.

Surveyors can advise on issues arising from boundary disputes, including how boundaries are defined and how they can be identified.

In the state of Illinois, if you own a single family home or a townhouse with its own lot number, and you are selling your property, your real estate contract will require you to provide a survey to your buyer dated within the last six months.

Illinois Surveys. The Illinois Professional Land Surveyor Act of 1989, the Condominium Act, the Plat Act, and the Land Survey Monuments Act and local ordinances govern land surveys conducted in Illinois.

There is no legal requirement for either the buyer or the seller to pay for a land survey. In general, the party who wants the survey is the one who pays. For instance, if the seller wants the survey, then they must hand over the money, and likewise for the buyer.

Hopefully, our approach can help you settle your dispute with ease.Step #1: Recognize the Dispute. The first step towards resolving a property boundary problem is knowing it exists.Step #2: Kindly Approach Your Neighbor.Step #3: Talk with a Lawyer.Step #4: Pursue Mediation.Step #5: File a Lawsuit.

There are presently two ways in which boundary disputes can be resolved by the Courts: Make an application to HM Land Registry. This might be to alter the register, or to have the boundary determined (this does not refer to a decision by the registrar, but to an entry on the register defining the boundaries).

What are the 4 types of boundary disputes?Plot line & party wall disputes.Fence, landscaping and outbuilding disputes.Access disputes.Adverse possession claims.

You must show legal evidence in order to refute a surveyor's findings. If after discussing the problem with the surveyor you still feel it has not been resolved to your satisfaction, there are other avenues that may be pursued. You can hire a land surveyor of your own choice to perform a separate boundary survey.

Traditionally, the surveyor's role in boundary disputes is to assist a court by interpreting onto an accurate plan the position of the "paper title boundary" (the boundary described in the deed that divided the vendor's land), and to support that interpretation with an expert report and with oral evidence given in

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Illinois Agreement to Survey and Fix Location of Known Common Boundary