Massachusetts Boundary Line Agreement and Deed Between Adjacent Land Owners

State:
Multi-State
Control #:
US-OG-619
Format:
Word; 
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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.

Massachusetts Boundary Line Agreement and Deed Between Adjacent landowners is a legal document that establishes and defines the boundary line between two neighboring properties in the state of Massachusetts. This agreement and deed help resolve any disputes or ambiguities concerning the property boundaries and ensure a clear understanding between the adjacent landowners. In Massachusetts, there are two main types of Boundary Line Agreement and Deed between Adjacent landowners: 1. Voluntary Boundary Line Agreement: This type of agreement occurs when the neighboring landowners mutually decide to negotiate and set a new boundary line or modify the existing one. It is typically a collaborative process, where both parties work together to determine the most accurate and fair boundary location for their properties. The voluntary agreement is usually recorded and filed with the appropriate local government office, such as the Land Registry or Clerk's Office. 2. Judicial Boundary Line Agreement: In certain cases, neighboring landowners may not be able to reach a voluntary agreement regarding their property boundaries. When disputes arise, either party can file a lawsuit to have the court determine the definitive boundary line. This legal process involves presenting evidence, including surveys, expert testimonies, historical records, and any other relevant documentation to support each party's claim to the boundary location. Upon a judgment by the court, a Judicial Boundary Line Agreement is drafted and recorded to outline the final decision. The Massachusetts Boundary Line Agreement and Deed between Adjacent landowners contain several key elements, including: a) Identification of Parties: The agreement begins with the identification of the involved landowners and their respective properties, indicating their legal names, addresses, and property descriptions. b) Boundary Line Description: The agreement provides a detailed description of the agreed-upon or court-determined boundary line. This may include specific landmarks, natural features, survey markers, or measured distances, which establish the precise location of the boundary line. c) Rights and Responsibilities: The document outlines the rights and responsibilities of each landowner concerning the boundary line, such as maintenance responsibilities, tree trimming or removal rights, access rights, and potential restrictions, if any. d) Dispute Resolution: The agreement may also include provisions for dispute resolution to address potential disagreements that may arise in the future. This could involve mediation or arbitration to minimize legal complications and ensure a fair and efficient resolution. e) Recording and Filing: Once signed by both parties, the Boundary Line Agreement and Deed are typically recorded and filed with the appropriate local government office to make it a legally recognized document, binding on the involved parties and any subsequent property owners. By using a Massachusetts Boundary Line Agreement and Deed Between Adjacent landowners, landowners can establish a clear and defined boundary, avoiding potential conflicts, disputes, and legal complications in the future. It provides an effective mechanism for resolving disagreements and ensures a harmonious relationship between neighboring property owners.

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FAQ

Title by adverse possession can be acquired only by proof of nonpermissive use which is actual, open, notorious, exclusive, and adverse for twenty years.

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.

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.

Adverse possession is granted when one person makes open and notorious use of another person's property for a period of 20 or more continuous years. The common law of Massachusetts states that the use of the property must have been open, notorious, adverse, and exclusive for those 20 years.

Adverse possession is a legal doctrine that allows a person to claim a property right in land owned by another. Common examples of adverse possession include continuous use of a private road or driveway or agricultural development of an unused parcel of land.

The agreement is between neighboring states or jurisdictions in the United States that set specific boundaries between their properties and serve to resolve territorial disputes. These agreements are useful in resolving boundary disputes, clarifying property lines, and avoiding potential conflicts.

A quiet title action occurs when one property claimant challenges one or more other people in a court of law for the purpose of determining who is the rightful legal owner of the property in question.

Identify and mark your property boundaries. Inspect your land regularly for signs of trespassers. You may want to use ?no trespassing? signs and block entrances with gates. Although many states will not find a ?no trespassing? sign sufficient to prevent an adverse possession claim, it's a good way to deter trespassers.

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Massachusetts Boundary Line Agreement and Deed Between Adjacent Land Owners