Agreed Boundary
Definition and meaning of Agreed Boundary in real estate.
An agreed boundary is a legally recognized line established by adjacent property owners to resolve an uncertainty or dispute regarding their actual property lines. Once established, this agreed line becomes the permanent legal boundary, even if a subsequent survey shows it to be incorrect.
In more detail
This concept is governed by the doctrine of agreed boundaries, which is designed to settle land disputes without expensive court litigation. For the agreement to be legally binding, there must typically be uncertainty about the true boundary, an agreement between the neighbors, and subsequent treatment of the agreed line as the actual boundary.
Neighbors often mark the agreed line with a fence, wall, or other physical marker. It is highly recommended to record the boundary agreement in the local county land records. This prevents future disputes when either property is sold or transferred to a new owner.
Key facts
| Category | Legal, Titles & Closing |
|---|---|
| Purpose | To settle boundary disputes out of court |
| Required elements | Uncertainty, mutual agreement, and physical marking |
| Best practice | Record the agreement in county land records |
Two neighbors are unsure of where their properties meet, so they agree in writing to treat an old oak tree as the boundary and record the agreement in county records.
Frequently asked questions
Can a boundary agreement be verbal?
In some states, a verbal agreement followed by long-term possession can be binding, but a written and recorded agreement is always recommended to ensure it binds future owners.
What if a future survey shows the agreed boundary is wrong?
Under the doctrine of agreed boundaries, the agreed line remains the legal boundary despite what a subsequent survey reveals, provided all legal criteria for the agreement were met.