Massachusetts Agreement to Survey and Fix Location of Known Common Boundary

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Multi-State
Control #:
US-1090BG
Format:
Word; 
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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

Boundaries can also be changed by a boundary agreement between previous owners. If the boundary line cannot be agreed on the basis of what you can see in the deeds, you and your neighbour may want to consider agreeing to jointly appoint a chartered land surveyor.

Common boundary in relation to a land unit means a boundary that is common with an adjoining land unit other than a street boundary; Sample 1.

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

To establish a clear boundary, adjoining property owners can decide where they want it to be and then make it so by signing deeds that describe the boundary agreed on. If you have a mortgage on the property, consult a local attorney for help in drawing up the deeds.

The boundary is an inherent part of a property's legal description, which is the specific geographic description of a parcel of land that is used to identify it for legal transactions involving it. An ambiguous legal description or boundary can cause title to be unmarketable.

The application costs £90. You'll also need to pay the surveyor and the solicitor a fee. If your neighbour agrees with your application, they'll need to sign the form and the plan as well. If your application is successful, HM Land Registry ( HMLR ) will send you a copy of your updated title plan and register.

There is no necessary formality to a boundary agreement. Such an agreement might come into being by way of a relaxed neighbourly chat. The agreement, once made, will be binding on successors in title. It has been repeatedly stated by judges that so-called boundary agreements are to be favoured in the law.

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Massachusetts Agreement to Survey and Fix Location of Known Common Boundary