West Virginia 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 West Virginia Agreement to Survey and Fix Location of Known Common Boundary is a legal document that is used to establish and settle the exact location of a common boundary between two properties in West Virginia. This agreement is crucial for property owners who share a boundary to avoid potential disputes or misunderstandings in the future. This agreement involves a comprehensive survey of the properties involved, conducted by a professional surveyor or surveying company. The purpose of the survey is to accurately determine the location of the common boundary based on existing markers, landmarks, or other specified criteria. By executing the West Virginia Agreement to Survey and Fix Location of Known Common Boundary, the property owners agree to accept and abide by the results of the survey. The agreement typically outlines the responsibilities of each party, such as sharing the costs of the survey, cooperating with the surveyor, and granting access to their respective properties. To ensure clarity and validity, this agreement often includes a detailed legal description of the properties involved, including their boundary lines, dimensions, and any relevant legal documentation such as deeds or titles. This allows for a precise identification of the properties' boundaries and aids in preventing future boundary disputes. Different types of the West Virginia Agreement to Survey and Fix Location of Known Common Boundary may vary based on the specific circumstances or unique requirements of the properties involved. For example, there may be different agreement forms for residential properties, commercial properties, or land divisions. Additionally, the terms and conditions of the agreement may differ depending on whether the boundary is disputed, needs adjustments, or if there are any existing easements or encroachments. In conclusion, the West Virginia Agreement to Survey and Fix Location of Known Common Boundary is a legal document used to establish and settle the exact location of a shared property boundary. It serves as an essential tool for property owners to prevent future disputes and ensure clarity regarding their property lines.