New Jersey 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

If you've had an offer on a property accepted and don't need a mortgage, it is advised that you organise a property survey before proceeding further. A survey is not a legal requirement, they exist to offer you further advice and information about the property.

Fixed boundary is where a boundary of a parcel of land has been accurately determined by survey. Survey marks are placed at the corners of the land and the actual boundary between two survey marks is the straight line joining them.

In contrast to something like a topographic survey, which measures terrain and elevation, a boundary survey measures distance.

Practical location is an equitable doctrine allowing parties-2010in-2010interest (e.g., adjoining neighbors) to fix the location of their common boundary in a location that may differ from the location where a surveyor would place the common boundary.

In addition to physically visiting a property before a purchase, it is a good idea, as well as a requirement of most lending institutions, to obtain a survey of the property. Surveys are made by licensed surveyors who are subject to certain regulations imposed by the State of New Jersey.

Survey: All mortgage lenders are going to require that a buyer order title insurance and provide an adequate survey as a condition of closing.

Advantage of fixed boundaries: Landowners can have confidence in where their property limits lie since these are formally recognized within the system. Disadvantages of general boundaries: The precise line of the legal boundary between adjoining parcels is left undetermined.

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

In NJ a land survey can only be done by a licensed Professional Land Surveyor, and it typically costs between $700 and $1000. The land surveyor's job is to locate the boundaries of the land described in the deed. The surveyor examines and records natural and man-made features.

In addition to a title search, a survey of the property is generally required by the mortgage company. A survey will disclose property line and boundary issues as well as easements and rights of way affecting the property.

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New Jersey Agreement to Survey and Fix Location of Known Common Boundary