Tennessee 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.

Tennessee Agreement to Survey and Fix Location of Known Common Boundary is a legal document that aims to establish and confirm the exact location of a common boundary between two properties. This agreement is typically used when there is uncertainty or disagreement regarding the boundary line between two neighboring properties in the state of Tennessee. The purpose of the Tennessee Agreement to Survey and Fix Location of Known Common Boundary is to prevent potential boundary disputes and provide a clear understanding of each property owner's rights and responsibilities. It allows the property owners to agree on the boundary line and avoid costly and time-consuming legal proceedings in the future. The agreement usually includes a survey conducted by a professional surveyor to accurately determine the common boundary. This survey will consider relevant factors such as existing markers, physical structures, and historical documents. Once the boundary line is established, the agreement outlines the specific details and coordinates of the boundary. Both parties must agree to the determined boundary line and sign the agreement to make it legally binding. In Tennessee, there are two primary types of Agreement to Survey and Fix Location of Known Common Boundary: 1. Voluntary Agreement: This type of agreement is entered into willingly by both property owners to resolve any boundary disputes or uncertainties. It is a proactive measure undertaken to avoid potential conflicts in the future. A voluntary agreement typically includes the consent of both parties and can be used as evidence in legal proceedings if required. 2. Court-Ordered Agreement: In some cases, a boundary dispute may escalate to the point where legal intervention is necessary. If the parties are unable to reach a voluntary agreement, the court may order a survey and fix the location of the known common boundary. This court-ordered agreement aims to settle the dispute and provide a legally binding boundary line. In conclusion, the Tennessee Agreement to Survey and Fix Location of Known Common Boundary is an essential legal document used to resolve boundary disputes and establish a clear understanding between neighboring property owners. This agreement safeguards the rights and responsibilities of each party involved while reducing the chances of future conflicts. Property owners in Tennessee may pursue this agreement voluntarily or seek a court-ordered resolution if necessary.