Greetings.
I did 70 acre survey prior to my client’s purchase of the property.
One adjoining deed (NE) had no Br or Distance, only called out adjoiners.
I used my clients deed and the adjoining deed (W) to help define the line along with
the existing fence lines.
The corner, as projected by the fence lines checked well with the deed distances, was set in a farmer’s field (NE). NE was not showing me any love.
It is apparent to me that NE has (or the previous owner) moved the fence line because none of the old fence remains in this area, the corner is “rounded” along tree the tree line, and if you project the remaining fence line from the south, northward, the projected line visually, hits near the pin I set.
Current owner is friends with farmer (NE) wants to settle before sale.
My client agrees.
Farmer bought property in 1993, according to him the fence has always been there.
In the Commonwealth of KY, is there any other procedure, other than a Boundary Line Agreement, that will settle the issue peacefully?
This is how I understand the procedure.
Client and NE go to lawyer sign agreement.
Lawyer files with clerk of courts.
I record clerk reference on Survey Plat and show area on plat.
Never done a Boundary Line Agreement before.
In my neck of the woods I meet with both parties usually at the same time an ask for them to agree on a location. I set monuments at the beginnning point "A" and ending point "B" and provide a plat showing line "A-B" as the agreed upon line.
I give it to the attorney who draws up a document gets it signed by both parties and records it along with my plat.
Last one I did was similar procedure to Lamon Miller. I also prepared a statement on the Survey Map to the effect that both parties were present during the survey, witnessed the setting of the monuments, agreed to their location and the agreed line. Then I have both of them sign the Survey Map.
Why not do a plat and description for the portion of property between the existing fence and the line you have determined? Might require setting a couple of more pins and a little paperwork.
The current owner can deed that over to the farmer before selling to your client. Your client's drawing could easily be revised to reflect the sale of the small portion to the farmer with references to the filed deed and plat.
Since it sounds like everyone involved is agreeable with the portion going to the farmer it should be pretty easy to handle.
There should be no need for a deed. Each owns a described tract, but there's some uncertainty in the boundary between them. Messing with title is not the way to solve a boundary problem.
Despite the original heading of "Boundary Line Agreement" on the post, the text in the description of the situation does not lead me to think there is an issue with locating the boundary on the ground. Especially considering the original poster has already monument the location of the corner with a pin.
The original poster indicates that there are at least two metes and bounds descriptions (subject and one adjoiner) and physical evidence on the ground that match well and helped him establish a missing corner location.
From the original post, the boundaries are known, re-traceable, and identifiable.
QC
Swap Quitclaims, or go one way with Quitclaim.
Now, the agreement is IN the deeds.
Then, it affects all future owners. Agreements are not necessairly binding on future owners. Deeds are.
My 2 cents
N
> In the Commonwealth of KY, is there any other procedure, other than a Boundary Line Agreement, that will settle the issue peacefully?
>
> This is how I understand the procedure.
> Client and NE go to lawyer sign agreement.
> Lawyer files with clerk of courts.
> I record clerk reference on Survey Plat and show area on plat.
>
> Never done a Boundary Line Agreement before.
This is when it would be helpful for you to research your state's statutes and case law concerning the boundary location doctrines. Since this appears to be your firt one, do some research, contact a knowledgable attorney (check this by asking informed questions) and have him help you, the client, and the neighbor thru the process. Good luck.
My neighbor across the alley let his neighbor build a concrete and brick fence.
I recommended a survey. He said it the fence matches where the lawn mower
cut the grass.
