Tennessee Boundary Line Agreement Between Adjacent Land Owners

State:
Multi-State
Control #:
US-OG-652
Format:
Word; 
Rich Text
Instant download

Description

This form is used when a question exists as to the location of the common boundary line between the Owners' lands. To resolve this question and permanently establish the common boundary line between First and Second Owners' lands, First and Second Owner enter into this Boundary Line Agreement.

Tennessee Boundary Line Agreement Between Adjacent landowners serves as a legally binding document that establishes and defines the exact boundaries between two adjacent properties. It ensures clarity and prevents potential disputes regarding the division and ownership of land. As each situation is unique, there are several types of Boundary Line Agreements in Tennessee that are tailored to various land ownership scenarios. 1. Private Boundary Line Agreement: This type of agreement is commonly utilized when adjacent landowners wish to modify or confirm the existing property boundaries for their mutual benefit. Whether there is confusion about the boundary lines or a desire to establish new markers, this agreement empowers both parties to come to a consensus. 2. Joint Boundary Line Agreement: Pertaining to Tennessee, this agreement is employed when two or more neighbors collaboratively agree to modify their boundary lines. This could be done to address discrepancies, accommodate shared land use, or rearrange property lines to enhance usability or convenience for both parties. 3. Public Boundary Line Agreement: In some cases, adjacent landowners may opt to formalize a boundary line agreement with a public entity, such as a city or county government. These agreements often involve property lines that intersect public infrastructure or utilities, necessitating coordination between private landowners and public entities to ensure easements, rights-of-way, or other considerations are accurately determined. Regardless of the specific type, a Tennessee Boundary Line Agreement between adjacent landowners typically includes various key elements: a. Accurate Property Description: The agreement begins with a detailed description of the properties involved, outlining boundaries, lot dimensions, and any existing markers or monuments. b. Common Intent: The agreement explicitly states that both parties consent to the proposed boundary line modifications, ensuring that all involved individuals are in agreement and understand the implications of the agreement. c. Boundary Line Adjustments: The agreement outlines any adjustments, shifts, or alterations to the existing property lines, clearly defining the new boundaries. d. Surveyor's Reports: If a surveyor assists in determining the new boundaries, their findings and reports are often attached to the agreement, providing professional documentation and evidence of the revised property lines. e. Easements and Rights-of-Way: If the new boundary lines necessitate the creation or modification of easements or rights-of-way, these are typically addressed and detailed within the agreement. f. Signatures and Notarization: To ensure legal validity, the agreement requires signatures from all parties involved, along with notarization to authenticate the document. It is essential to consult with a qualified attorney and, at times, enlist a professional land surveyor when drafting or modifying a Tennessee Boundary Line Agreement Between Adjacent landowners. This ensures compliance with Tennessee state laws, accurate property descriptions, and valid documentation of the revised boundaries to prevent future disputes or issues arising from property ownership.

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FAQ

A person can also establish this type of presumptive ownership under color of title after having paid the taxes on a piece of property for 20 years or more without the original owner, or the government, objecting. (See Tenn. Code Ann. § 28-2-109.)

Under common law, Tennessee courts have held that parties in adverse possession of land for 20 years will gain title to that land, even without any assurance or color of title. When a party has remained in uninterrupted and continuous possession of land for 20 years, their ownership of the property should be presumed.

Tennessee common law uses a hierarchy of boundary markers when determining the true boundary between tracts of land. Chancery courts first look to natural monuments referenced in the deed for boundary authority, which include mountains, rivers, streams, trees, rocks, paths, fords, etc.

In Tennessee the statute of limitations for all adverse possession actions is seven years from the date of accrual.

The claimants must establish, by clear and positive proof, that they have enjoyed the use of the property for at least twenty years, and that such use has been adverse, under claim of right, continuous, uninterrupted, visible, exclusive, and with the knowledge and acquiescence of the owner of the servient tenement.

First, both parties need to recognize that there is a specific line; and second, both parties need to acknowledge the line as the boundary separating both properties. To determine if the landowners meet the requirements, the court may look at the history and usage by the landowners.

As a property owner, you have the right to control the land under your feet and the airspace above your land. This means that when a neighbor's tree hangs over your property you can cut it back to the property line at your own expense.

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.

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Jul 26, 2011 — There are various reasons that boundary line disputes arise, including: imprecise descriptions in deeds; conflicts between descriptions in ... Determine ownership by occupancy if the fence lies between or directly on the property line. Whoever uses the land up to the fence is considered the owner.Currently, Tennessee allows adjacent cities to adjust their mutually shared boundaries by contract without giving notice or holding a public hearing. Accordingly, this article provides practitioners with a brief restatement of Tennessee law regarding real property boundary disputes, with a view toward ... A boundary line agreement is a legally binding document that sets clear boundaries between neighboring properties, providing certainty and preventing ... Nov 25, 2021 — ... by making and signing deeds that describe in detail the agreed upon property line. ... file it with the county land records office. This office ... The Company requires for its review a satisfactory boundary line agreement by the owners and the lienholders on the land and the adjoining property. At that ... Jan 23, 2018 — When a court determines a disputed boundary, it must examine the following factors in order of priority: Natural objects or landmarks ... This agreement is typically used when two or more adjacent property owners wish to modify the boundary lines between their properties without going through a ... Apply either the remnant or apportionment theory to the overlap. Rely on adverse possessory rights which have not been adjudicated. · Determine the exact area ...

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Tennessee Boundary Line Agreement Between Adjacent Land Owners