A boundary line agreement is signed between two property owners. The purpose is to makes it easier for either party to sell their property without any fuss over the boundaries. The terms include location of the boundary line, property details and the parties involved.
West Virginia Boundary Line Agreement regarding Encroachment of Fence, Driveway, or Structure serves as a legal document that outlines the terms and conditions for resolving disputes related to encroachments of fences, driveways, or structures on property boundaries within the state of West Virginia. This agreement ensures clarity and establishes the rights and responsibilities of neighboring property owners when it comes to encroachments. There are primarily two types of West Virginia Boundary Line Agreements regarding encroachments — Voluntary Agreements and Court-Ordered Agreements: 1. Voluntary Agreement: A Voluntary Boundary Line Agreement is reached when both neighboring property owners mutually agree on the division and resolution of encroachment issues without involving the court. It allows for a flexible and customized resolution that suits the unique circumstances of the encroachment situation. Typically, a surveyor is hired to determine the exact property lines, and the parties negotiate potential solutions such as adjusting fences, modifying driveways, or relocating structures to comply with the agreed-upon boundaries. This type of agreement requires the consent and cooperation of both parties involved. 2. Court-Ordered Agreement: In certain cases where voluntary negotiations fail or disputes escalate, parties may resort to legal proceedings. This leads to court involvement, where a judge may issue a Court-Ordered Agreement to settle the encroachment issue. The court takes into account property deeds, surveys, and other evidence to determine the true boundary lines. Based on these findings, the judge may order one or both parties to take specific actions, such as removing the encroaching fence or structure, adjusting the driveway, or paying compensation for damages caused by the encroachment. This type of agreement is legally binding and must be adhered to by all parties involved. Regardless of the type of agreement, it is essential for both parties to understand and respect property boundaries to avoid future conflicts. Neighbors are advised to hire a licensed surveyor to accurately determine the boundary lines and seek legal counsel to guide them through the agreement process. Resolving encroachment disputes through West Virginia Boundary Line Agreements helps maintain peaceful coexistence, protect property rights, and ensure fair resolutions for all parties involved.
