Legal Definitions - agreed boundary

An agreed boundary refers to a property line that two or more adjoining landowners have mutually accepted and established, often to resolve uncertainty or a dispute about the true location of their shared property line. This agreement typically occurs when the exact boundary described in legal documents is unclear, difficult to locate on the ground, or has been historically treated differently by the property owners. Once established and properly documented, an agreed boundary can become legally binding, even if it deviates slightly from the original deed description.

Here are some examples illustrating an agreed boundary:

• Residential Fence Line: Imagine two neighbors, Ms. Chen and Mr. Rodriguez, whose property deeds describe a boundary line that runs through a dense thicket of bushes, making it impossible to place a fence accurately. For years, they've both maintained their lawns up to an old, crumbling stone wall that they *assumed* was the boundary. To avoid future disputes and to allow for a new fence, Ms. Chen and Mr. Rodriguez formally agree that the old stone wall will serve as their official property boundary. They document this agreement, perhaps by having a surveyor mark it and signing a boundary line agreement. This establishes an agreed boundary because they have mutually accepted a specific, observable line as their shared property division, resolving the ambiguity of their deed descriptions.

• Rural Land with Shifting Features: Consider a large rural property owned by the Miller family that borders land owned by the Davis family. Their deeds, dating back over a century, refer to a "creek bed" as the boundary. However, the creek has shifted course significantly over time, and there are now multiple channels, making the exact boundary unclear. The Miller and Davis families decide to resolve this ambiguity. After consulting with a surveyor and reviewing historical maps, they agree that a specific, currently well-defined tributary of the creek will serve as their permanent shared property line. They sign a formal agreement and record it, establishing an agreed boundary that clarifies their property rights despite the historical changes to the natural feature mentioned in their original deeds.

• Commercial Shared Driveway: Two commercial businesses, a hardware store and a car repair shop, share a parking lot and a common access driveway. Their original property descriptions are complex and don't clearly delineate ownership of the exact strip of land comprising the driveway, leading to confusion about maintenance responsibilities. To clarify ownership and responsibilities, the owners of the hardware store and the car repair shop consult with a land use attorney and a surveyor. They agree to divide the driveway down the middle, with each business owning and being responsible for their respective half. They formalize this arrangement through a recorded boundary line agreement. This creates an agreed boundary, providing a clear and mutually accepted division of the shared access area that was previously ambiguous.