Yes, you have to know specific locations to do an exact calculation.
But the uncertainty isn't unbounded. You know with some degree of certainty the "proper" location falls between "here" and "there" which may be XX feet. So you calculate XX feet times the length of the line and call it "approximately the area in question".
> The problem with them would be a lack of a paper trail in the deed records. Here, an approved Boundary line Adjustment will not be recognized by the Assessor until new deed descriptions are recorded in the deed records. There is good reason for that and I agree.
>
That's right, Jud. Adjustment agreements are not conveyance documents. They may be formed to suffice as a conveyance, but won't stand on their own. There are statutory requirements which must be met in order for a conveyance to take place.
>If a surveyor is involved in an agreement there should be a new, traceable description prepared and correction deeds recorded for both parties, anything less would be a disservice to the clients and public.
>
This is not true. Boundary line agreements don't necessarily change or reform the existing descriptions. Correction deeds are intended to "reform" a description and can only be performed under strict statutory and/or common law requirements.
>Until there was an agreement to re-record, the surveyor should not provide any description or place monuments. Although the surveyor can't force recording, he can refuse to be a party to the agreement.
>
This advice, though cautionary, doesn't really face muster. The surveyor cannot prevent the owners from settling their boundary uncertainty or dispute by requiring something the law doesn't require. The owners can enter a valid BLA orally. Parol agreements are perfectly valid. Yes, the surveyor should encourage the owners to document their agreement in writing. But that's not always done. There are alternatives that the surveyor can consider when the owners choose not to document.
>As said above, often the intended lines can be determined, if they are located in the future, the agreement without correction deeds should be null and void causing legal problems that good sense could have avoided.
>
The question isn't whether the lines "can be determined." The question is what the owners have agreed to do and what knowledge did they possess at the time they agreed. Again, a correction deed is not the proper instrument to document a boundary agreement. Correction deeds can only reform the description to align with the original intent of the original parties who created the line.
JBS
I have a survey in hand where a BA was ferfromed where it 'agrees' to the original record line nad the monuments found & set to show the original title line.
When I look at it, I want to hold my nose but I also see the meritof the agreement.
It is an old s/d lot where the owner of one lot erected a fence to avoid a tree at the front of the lot on the adjoining line.
So basically, I suppose the BA is just estopping any future ownership dispute of the fence and strip of land.
The fence does corner back to the proprty line about 25' from the front.
Was a BA suitable fro this?
No. An agreement to build the fence there with an ending of the agreement stated along with stating that the fence is marking or making a claim to representing the property line. That would eliminate an encroachment to the status of permission and protect the original line. That agreement should be recorded in the public record. Those types of documents I encourage to be prepared for temporary good faith line crossings especially when a closing is fast approaching and the crossing is suddenly revealed. It removes the cloud with reasonable cost and little time. A boundary line adjustment must go through the planning process here, be approved and deeds exchanged and recorded giving ownership to occupation lines. That takes time and money to accomplish.
jud
Lien holders have no authority to challenge any act of the owner(s) as long as the value of the resulting parcel provides adequate surety for the lien. In many cases, correcting the inaccurate record description removes a cloud on the title that makes the parcel more valuable.
Note that if an ILC, Mortgage survey or other bogus survey did not show the inaccuracy in the record when the present owner bought the property, the surveyor who missed the error may be found guilty of facilitating a fraudulent land sale, thereby damaging the lienholders to the extent that the 'surveyor' may be liable for punitive damages 2 or 3 times the proven damages.
Richard Schaut
> I have a survey in hand where a BA was performed where it 'agrees' to the original record line and the monuments found & set to show the original title line.
> When I look at it, I want to hold my nose but I also see the merit of the agreement.
> It is an old s/d lot where the owner of one lot erected a fence to avoid a tree at the front of the lot on the adjoining line.
> So basically, I suppose the BA is just estopping any future ownership dispute of the fence and strip of land.
> The fence does corner back to the property line about 25' from the front.
> Was a BA suitable for this?
>
Yes. A boundary agreement is simply a contract between the adjoining landowners which recognizes the location of the existing boundary between them. It sounds from your case, that the owners are agreeing to recognize the existing line as originally monumented (which seems unnecessary), and further agreeing that the fence, as constructed, is recognized as not following that line.
A boundary agreement, in short, is simply a joint affidavit executed by the owners to recognize certain facts which can include, not only the boundary location, but other facts as well.
JBS
> A boundary line adjustment must go through the planning process here, be approved and deeds exchanged and recorded giving ownership to occupation lines. That takes time and money to accomplish.
>
Boundary Adjustments are a completely different process for an entirely different purpose than a Boundary Agreement. Boundary Agreements establish the existing boundary; Boundary Adjustments create a new boundary through a conveyance of title by an exchange of deeds. Most any jurisdiction that has zoning will require a boundary adjustment to be approved. Some jurisdictions around here are easy and cheap; others are convoluted and costly.
JBS
I agree;-)
