Utah 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.

The Utah Agreement to Survey and Fix Location of Known Common Boundary is a legal document that outlines the process of determining and establishing the exact location of a common boundary line between two properties in the state of Utah. This agreement is typically entered into when there is a dispute or uncertainty regarding the exact boundary between two adjoining properties, and both parties wish to resolve the issue amicably through a survey. The purpose of the Utah Agreement to Survey and Fix Location of Known Common Boundary is to provide a clear and mutually agreed-upon boundary line, thereby avoiding potential conflicts and promoting harmonious neighborly relations. It ensures that all parties involved have a thorough understanding of the boundary's whereabouts and that it aligns with the legal descriptions provided in property deeds. When executing this agreement, it is essential to consult with a qualified surveyor licensed in the state of Utah. The surveyor plays a crucial role in verifying the existing boundaries, conducting necessary measurements, and preparing an accurate survey report. This report, commonly known as a boundary survey or land survey, will be used as an official reference throughout the agreement process. The Utah Agreement to Survey and Fix Location of Known Common Boundary can be categorized into two main types: 1. Voluntary Agreement: This type of agreement is willingly entered into by both property owners to resolve any existing boundary disputes. It requires cooperation and consent from all parties involved. The voluntary agreement approach allows the parties to jointly select a competent surveyor to conduct the necessary surveys and define the precise location of the common boundary line. 2. Court-Ordered Agreement: In some cases, a boundary dispute may escalate to the point where legal intervention becomes necessary. When parties are unable to reach a mutual agreement on their own, a court may order the survey to be conducted. This court-ordered agreement compels the property owners to abide by the court's decision regarding the exact boundary line location. Keywords: Utah Agreement, Survey, Fix, Location, Known Common Boundary, legal document, dispute, uncertainty, properties, amicably, surveyor, harmonious, neighborly relations, conflicts, legal descriptions, property deeds, executing, qualified, licensed, measurements, accurate, reference, voluntary agreement, property owners, boundary disputes, consent, court-ordered agreement, legal intervention, mutual agreement, court's decision.