Massachusetts Agreement to Survey and Fix Location of Known Common Boundary

• Category: Real Estate - Boundary Lines
• State: Multi-State
• Control #: US-1090BG
• Format: Word; Rich Text

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.

The Massachusetts Agreement to Survey and Fix Location of Known Common Boundary is a legal document used to establish and define boundaries between adjacent properties in the state of Massachusetts. This agreement is entered into by property owners or landholders who share a common boundary and wish to clarify and solidify the exact location of that boundary. The purpose of this agreement is to prevent any disputes or conflicts that may arise due to uncertainty or misunderstandings regarding property lines. By providing a clear and definite interpretation of the boundary, the agreement helps property owners avoid potential legal issues in the future. The Massachusetts Agreement to Survey and Fix Location of Known Common Boundary typically involves the hiring of professional surveyors who are licensed and experienced in boundary surveying. These surveyors carefully study historical records, land deeds, and other relevant documents to determine the accurate location of the boundary. They may also conduct field surveys and utilize advanced surveying technologies to confirm the exact coordinates and appearance of the boundary line. Once the surveyors have completed their analysis and determined the correct boundary line, the agreement is drafted and signed by both parties involved. This legally binding document ensures that both property owners agree on the location of the common boundary and accept the surveyors' findings as the final and definitive representation of that boundary. While the Massachusetts Agreement to Survey and Fix Location of Known Common Boundary generally refers to the standard agreement used to resolve boundary disputes, there may be variations or specific types of agreements depending on the circumstances. For example, some property owners may opt for a mutual agreement to survey and fix the location of a shared fence line, rather than the entire boundary. Others may require an agreement to survey and fix the location of a common boundary that extends into bodies of water such as lakes or rivers. In summary, the Massachusetts Agreement to Survey and Fix Location of Known Common Boundary is a crucial legal tool that helps property owners in Massachusetts establish clear boundaries and prevent potential conflicts. By employing professional surveyors and documenting their findings in a formal agreement, property owners can ensure a peaceful coexistence and avert any future disagreements related to property boundaries.