South Dakota Debt Adjustment Agreement with Creditor

• Category: Contracts - Creditors
• State: Multi-State
• Control #: US-1106BG
• Format: Word; Rich Text

Description

Boundary line disputes involving real estate are common. They generally arise as a result of some or all of the following four factors: (1) Formerly unsurveyed property owned by amicable neighbors passes into the hands of an outsider who orders a survey and discovers the boundary lines are in a different place than previously thought; (2) Formerly amicable neighbors who did not care about a 10- or 20- foot discrepancy in boundary lines suddenly care when oil or gas is discovered under the land, or the property becomes so valuable that it is being sold by the square foot rather than by the acre; (3) Advances in surveying technology would have placed a property corner in a different location than the original survey or placed it, and when this is discovered, the neighbors go to court; or (4) Someone mistakenly builds a house or other improvement with a portion located on the neighbor's land and the parties resort to the court system to resolve their differences. Consequently, there are very specific rules for resolving boundary line disputes: (1) Advances in technology make no difference because the property corners are where the original surveyor placed them according to his or her own state-of-the-art technology for the time, not the absolutely accurate location according to today's technology; (2) If there are mistakes in the description, courts follow a hierarchy of things to consider and things to ignore if there is a conflict among descriptions within a deed; and (3) If someone innocently builds an improvement that encroaches on another's land, most courts will figure out a way to either give the property to the encroacher or will order the person to sell a minimal amount of land to the encroacher.