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 Land Owners
State:
Multi-State
Control #:
US-OG-652
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Boundary Line Agreement Between Adjacent Land Owners?
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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.