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.

North Carolina Agreement to Survey and Fix Location of Known Common Boundary is a legal document used to establish and define boundaries between neighboring properties in the state of North Carolina. This agreement serves as a means for property owners to resolve disputes or uncertainties regarding their shared boundaries. The main purpose of this agreement is to hire a professional surveyor who will conduct a thorough survey of the properties involved. The surveyor will study historical records, investigate physical evidence on the ground, and may consult with adjacent property owners to determine the accurate boundary lines. The North Carolina Agreement to Survey and Fix Location of Known Common Boundary typically contains the following key elements: 1. Identification of the parties involved: The agreement identifies the property owners who are parties to this agreement. It is essential to have all owners acknowledge and sign the document. 2. Description of the properties: A detailed description of the properties involved is provided, including their legal descriptions, addresses, and any relevant parcel numbers. 3. Existing common boundary description: The agreement lists any existing recorded documents or deeds that contain information about the common boundary. This may include right-of-way deeds or any other relevant documents. 4. Appointment of a professional surveyor: The agreement outlines the process of selecting a qualified surveyor to perform the boundary survey. It may specify that both parties contribute to the survey cost or explain how the payment will be divided. 5. Survey execution: This section explains the responsibilities of the surveyor, the timeline for completing the survey, and any access requirements to neighboring properties. It may also describe the procedure for resolving conflicts or discrepancies found during the survey. 6. Approval and recording: Once the survey is completed and agreed upon by the property owners, it must be approved and signed by all parties. This section clarifies that the survey will be recorded in the county's land records, ensuring its official recognition. 7. Maintenance of the boundary: This agreement may include provisions for ongoing maintenance and preservation of the boundary markers, such as fences, walls, or monuments. It may specify the responsibility of each property owner in maintaining their respective side of the boundary. Different types of North Carolina Agreement to Survey and Fix Location of Known Common Boundary may include variations applicable to specific situations. For instance: — Agreement for Residential Properties: Specifically tailored to residential property owners seeking boundary resolution, this agreement may include specific obligations regarding privacy, shared amenities, and landscaping. — Agreement for Agricultural Properties: Designed for agricultural landowners, this agreement may address issues such as shared irrigation systems, maintenance of fences for livestock, or easements for agricultural access. — Agreement for Commercial Properties: Geared towards commercial property owners, this agreement may consider factors like parking lot access, shared signage, and potential encroachment concerns between neighboring businesses. In conclusion, the North Carolina Agreement to Survey and Fix Location of Known Common Boundary is a crucial tool for property owners seeking to establish clear and mutually agreed-upon boundaries. It provides a structured process for surveying and resolving boundary disputes, promoting harmony and avoiding potential conflicts between neighbors.