Idaho 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 Idaho Agreement to Survey and Fix Location of Known Common Boundary is a legal document used to establish and confirm the precise location of a shared boundary between properties in Idaho. This agreement proves vital when there is ambiguity or dispute about the exact location of a common boundary. In essence, the agreement ensures that all parties involved in the property boundary issue are on the same page and have a clear understanding of where the boundary lies. It outlines the process of surveying the land, identifying the existing markers, and documenting the exact location of the boundary. The Idaho Agreement to Survey and Fix Location of Known Common Boundary typically includes the following key elements: 1. Parties Involved: The agreement identifies the property owners or parties who share the common boundary and need to resolve any disputes or ambiguities. 2. Purpose: It clearly states the intent of the agreement, which is to survey and determine the exact location of the common boundary to prevent any future disagreements. 3. Property Description: The agreement contains a detailed description of the properties involved, including their legal descriptions, boundary dimensions, and any pertinent information required for accurate surveying. 4. Surveying Process: It outlines the required surveying procedures, such as engaging a licensed surveyor, conducting fieldwork, analyzing historical documents or records, and verifying existing markers, fences, or physical features. 5. Boundary Determination: The agreement specifies the method to be used in determining the precise location of the common boundary. This may involve using GPS technology, taking specific measurements, or considering historical documents. 6. Legal Effect: It clarifies that the agreement is legally binding and enforceable by all parties involved. It also mentions the consequences for non-compliance, such as potential legal action or monetary penalties. Different types of Idaho Agreements to Survey and Fix Location of Known Common Boundary may include: 1. Mutual Agreement: This type of agreement occurs when both parties have a general understanding that the boundary needs to be fixed and are willing to work together to achieve a satisfactory resolution. 2. Court-Ordered Agreement: In cases of significant boundary disputes or conflicting claims, a court may order the parties to enter into an agreement to survey and fix the location of the common boundary. This ensures an impartial resolution based on expert surveys and evidence. 3. Voluntary Agreement: Sometimes, property owners may proactively decide to enter into an agreement to survey and fix the boundary to avoid potential conflicts in the future. This type of agreement is voluntary and requires the consent of all parties involved. In conclusion, the Idaho Agreement to Survey and Fix Location of Known Common Boundary is a crucial legal document that establishes the precise location of a shared property boundary. By providing a clear understanding of the boundary between properties, this agreement ensures transparency, reduces disputes, and promotes a peaceful coexistence between neighboring property owners.