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 Ohio Agreement to Survey and Fix Location of Known Common Boundary is a legal document used in Ohio to establish and resolve property boundary disputes between neighboring landowners. This agreement ensures that both parties agree on the exact location of their common property boundary line, avoiding any potential conflicts or confusion in the future. Keywords: Ohio Agreement, Survey, Fix Location, Known Common Boundary, Property Boundary Disputes, Neighboring Landowners, Conflicts, Legal Document. There are two main types of Ohio Agreement to Survey and Fix Location of Known Common Boundary: 1. Voluntary Agreement: This type of agreement is reached between the neighboring landowners without any external legal intervention. Both parties voluntarily agree to survey the property and fix the location of their common boundary line based on their mutual understanding. 2. Court-Mediated Agreement: In some cases, when landowners are unable to reach an agreement on their own, they may involve the court system to resolve the dispute. The court may appoint a surveyor or mediator to determine the exact location of the common boundary line, and both parties must agree to abide by the decision made by the court. Regardless of the type of agreement, the Ohio Agreement to Survey and Fix Location of Known Common Boundary should include the following details: 1. Identification of Parties: The agreement should clearly state the names and addresses of both neighboring landowners involved in the boundary dispute. 2. Property Description: A detailed description of the properties in question should be provided, including legal descriptions, tax map numbers, and any other relevant information that assists in identifying the properties accurately. 3. Boundary Survey: The agreement should outline the process of conducting a boundary survey, which is usually carried out by a professional land surveyor. The survey should be conducted according to state regulations and professional standards. 4. Fixing the Common Boundary Line: The agreement should establish the exact location of the common boundary line based on the survey results. This may involve setting boundary markers or monuments to clearly demarcate the line on the ground. 5. Mutual Agreement: Both parties must consent to the surveyed boundary location and agree to accept it as the official common boundary line. This eliminates any uncertainties or disagreements. 6. Legal Binding: The agreement should state that both parties recognize and accept the surveyed boundary line as the legally binding common boundary between their respective properties. This ensures that both parties are legally obligated to respect and maintain the established boundary line. By utilizing the Ohio Agreement to Survey and Fix Location of Known Common Boundary, landowners can effectively resolve property boundary disputes through an agreed-upon and legally binding solution. It provides a clear and concise definition of the common boundary line, ensuring peaceful coexistence and ownership rights for neighboring landowners. Please note that this is a general description, and it is always recommended consulting with a legal professional or surveyor for specific advice and assistance in drafting and executing an Ohio Agreement to Survey and Fix Location of Known Common Boundary.
The Ohio Agreement to Survey and Fix Location of Known Common Boundary is a legal document used in Ohio to establish and resolve property boundary disputes between neighboring landowners. This agreement ensures that both parties agree on the exact location of their common property boundary line, avoiding any potential conflicts or confusion in the future. Keywords: Ohio Agreement, Survey, Fix Location, Known Common Boundary, Property Boundary Disputes, Neighboring Landowners, Conflicts, Legal Document. There are two main types of Ohio Agreement to Survey and Fix Location of Known Common Boundary: 1. Voluntary Agreement: This type of agreement is reached between the neighboring landowners without any external legal intervention. Both parties voluntarily agree to survey the property and fix the location of their common boundary line based on their mutual understanding. 2. Court-Mediated Agreement: In some cases, when landowners are unable to reach an agreement on their own, they may involve the court system to resolve the dispute. The court may appoint a surveyor or mediator to determine the exact location of the common boundary line, and both parties must agree to abide by the decision made by the court. Regardless of the type of agreement, the Ohio Agreement to Survey and Fix Location of Known Common Boundary should include the following details: 1. Identification of Parties: The agreement should clearly state the names and addresses of both neighboring landowners involved in the boundary dispute. 2. Property Description: A detailed description of the properties in question should be provided, including legal descriptions, tax map numbers, and any other relevant information that assists in identifying the properties accurately. 3. Boundary Survey: The agreement should outline the process of conducting a boundary survey, which is usually carried out by a professional land surveyor. The survey should be conducted according to state regulations and professional standards. 4. Fixing the Common Boundary Line: The agreement should establish the exact location of the common boundary line based on the survey results. This may involve setting boundary markers or monuments to clearly demarcate the line on the ground. 5. Mutual Agreement: Both parties must consent to the surveyed boundary location and agree to accept it as the official common boundary line. This eliminates any uncertainties or disagreements. 6. Legal Binding: The agreement should state that both parties recognize and accept the surveyed boundary line as the legally binding common boundary between their respective properties. This ensures that both parties are legally obligated to respect and maintain the established boundary line. By utilizing the Ohio Agreement to Survey and Fix Location of Known Common Boundary, landowners can effectively resolve property boundary disputes through an agreed-upon and legally binding solution. It provides a clear and concise definition of the common boundary line, ensuring peaceful coexistence and ownership rights for neighboring landowners. Please note that this is a general description, and it is always recommended consulting with a legal professional or surveyor for specific advice and assistance in drafting and executing an Ohio Agreement to Survey and Fix Location of Known Common Boundary.