Delaware 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.

Delaware Agreement to Survey and Fix Location of Known Common Boundary is a legal document that provides a detailed description and process for resolving disputes and determining the exact location of a common boundary between two properties in Delaware, United States. This agreement is crucial when neighboring property owners encounter issues or disagreements regarding their boundary lines, aiming to avoid costly lawsuits and maintain good relations. In the state of Delaware, there are two common types of agreements used to survey and fix the location of known common boundaries: 1. Delaware Agreement to Survey and Fix Location of Known Common Boundary for Residential Properties: — This type of agreement is primarily designed for residential properties, including single-family homes, townhouses, and condominium units. It establishes the necessary framework to resolve boundary disputes between neighboring homeowners, ensuring clarity and accuracy in defining property lines. 2. Delaware Agreement to Survey and Fix Location of Known Common Boundary for Commercial Properties: — Geared towards commercial properties such as office buildings, retail spaces, and industrial complexes, this agreement addresses boundary-related conflicts that may arise between business entities or landlords. It aims to provide a clear understanding of property lines to avoid potential disputes affecting business operations. The Delaware Agreement to Survey and Fix Location of Known Common Boundary entails several essential elements: 1. Identification of the Parties: — This section highlights the names, addresses, and contact details of the property owners involved in the agreement. 2. Description of the Properties: — A comprehensive outline of the properties located on either side of the common boundary is provided to establish the context for boundary determination. 3. Surveying Methodology: — The agreement outlines the surveying method to be employed, which usually involves the assistance of a professional land surveyor licensed in Delaware. This ensures accuracy and compliance with state regulations. 4. Legal Description of Boundary Lines: — Precise legal descriptions of the common boundary lines are included in the agreement, relying on established land markers, such as existing fences, walls, or landmarks. 5. Signatures and Notarization: — The agreement requires the participation of both parties, and their signatures must be notarized to validate the document's legal standing. 6. Binding Effect: — Once executed, the agreement becomes binding on the parties involved, preventing any future disputes related to the location of the common boundary. By utilizing a Delaware Agreement to Survey and Fix Location of Known Common Boundary, property owners can proactively resolve boundary disputes while avoiding unnecessary legal battles. It provides a structured framework that promotes cooperation, transparency, and respect between neighboring property owners in Delaware.