Boundary Line Agreements

April 8, 2021 at 2:27 pm

“Any claim, right or allegation of ownership of the adjacent owner in and near this land between the boundary of the land and the fence, as stated in the investigation of 06.02.2017…” In the demarcation line contract, a measure is generally assigned indicating where the common template is located. The agreement may also relate to a fence or related structure and agree that an owner may remove the fence and/or not claim the portion of the property between the fence and the demarcation line. Simply put, a border line agreement is an agreement between two neighbouring landowners, in which the owners agree on the exact location of an otherwise ambiguous common border. A template cannot be clear, depends on the description in fact or subsequent changes of the landscape, construction of fences, etc. One of the reasons title companies make this exception is that the neighbour`s use of the property may have, among other things, become a detrimental right to property or to normative relief. As a general rule, title companies will remove the exception when they have a boundary line agreement between the owners of the two properties, in which both parties agree that the border line is the line indicated in the investigation and not the fence line. Chris J. Coschignano, partner of the firm, and Nicholas J. Cappadora, partner at the law firm, published an article in the September 2016 issue of Nassau Lawyer entitled “Boundary Lines In Residential Real Estate Transactions: Practical Solutions for a Real Problem”. The article gives lawyers useful advice on how clients can resolve a dispute with a neighbor who brings additions or improvements that interfere with their client`s common property line and how their clients can protect themselves with a boundary line agreement. The article also explains the consequences when a customer does not deal with border line problems with a broken neighbour and how to deal with an uncooperative neighbour who refuses to sign a border line agreement. In a boundary line agreement, the penetrating neighbour agrees to acknowledge that he or she has erred in developing complements or improvements on the common land line with the client and agrees to waive any ownership rights as a result of these interventions.

In addition, both parties generally agree to abandon invasive structures, but if they are demolished or destroyed, the structures must be rebuilt on the neighbouring side of the common property line. The agreement also offers the customer a clean, insurable title, which allows him to sell the house, even if the neighbour continues to move to the client`s property. Click here to read the article. As a general rule, title companies will not provide title to strips of land between borders and fences, creating barriers to closure. The title bond will be an exception to Schedule B coverage with an exception similar to that: In most cases, both parties will not object to the signing of the border agreement, because neither party probably recognizes the error and no party wants to go through the effort, burden and cost of developing such a claim.