This is a generic sample of an agreement between two adjoining landowners to hire a surveyor to survey their lands in order to settle a dispute as to where the true boundary is regarding their properties.
Title: North Carolina Employment of Surveyor by Adjoining Landowners to Locate Disputed Boundary Line: A Comprehensive Guide Introduction: The North Carolina Employment of Surveyor by Adjoining Landowners to Locate Disputed Boundary Line refers to the legal process through which landowners in the state of North Carolina can engage a professional surveyor to determine the precise location of a disputed boundary line between two adjacent properties. This article will explore the different types, key aspects, and legal considerations of employing a surveyor for boundary line disputes in North Carolina. Types of Employment: 1. Private Boundary Line Survey: In this type, both adjoining landowners privately agree to hire a surveyor to resolve a disputed boundary line issue. This is the most common scenario where both parties are willing to cooperate in finding an amicable solution. 2. Court-Ordered Boundary Line Survey: This type of employment occurs when landowners cannot resolve their boundary dispute informally, leading to litigation. The court can order both parties to hire a surveyor to gather evidence and determine the accurate boundary line. Key Aspects: 1. Surveyor Selection: Landowners should carefully select a licensed and experienced surveyor who specializes in boundary disputes. They should consider factors such as reputation, expertise, and prior experience handling similar cases. 2. Surveying Process: The surveyor will conduct an extensive on-site investigation, examining historical records, conducting measurements, studying deed descriptions, and analyzing relevant legal documents. This process includes the use of advanced surveying technology and tools to ensure precise measurements. 3. Boundary Determination: After completing the survey, the surveyor will prepare detailed reports and boundary line maps displaying the determined boundary line. These findings are based on professional judgment, thorough research, and adherence to North Carolina's laws, regulations, and standards. Legal Considerations: 1. North Carolina Boundary Laws: Landowners must consider North Carolina's specific laws and regulations that govern boundary disputes. These laws determine the burden of proof, timelines, and procedures for resolving boundary disputes. 2. Admissibility of Surveyor's Report: The admissibility and weight given to the surveyor's report can vary based on the circumstances of the dispute, compliance with surveying standards, and the surveyor's qualifications. Landowners should consult with their legal advisors to ensure the surveyor's report will be admissible in court if needed. 3. Cost Allocation: The cost of the surveyor's services is usually borne equally by both landowners involved in the dispute. However, in some cases, the court may allocate the costs based on various factors such as the outcome of the dispute or the conduct of the parties involved. Conclusion: Employing a surveyor for the North Carolina Employment of Surveyor by Adjoining Landowners to Locate Disputed Boundary Line is crucial for resolving boundary disputes accurately and fairly. Whether through private agreement or court order, engaging a skilled surveyor ensures that objective evidence and expertise are utilized to determine the disputed boundary line, promoting a peaceful resolution between adjoining landowners.
