Legal Definitions - boundary by agreement

The term boundary by agreement refers to a legal principle where two neighboring property owners establish a mutually accepted property line, even if that line might not perfectly match the descriptions in their official property deeds or surveys. This agreement typically arises when there is uncertainty or a dispute about the exact location of the true boundary, and the landowners agree on a practical line, often marked by a fence, wall, or other physical feature. For this agreed boundary to become legally binding, both parties must usually act as if the agreed line is the true boundary for a significant period, demonstrating their acceptance and reliance on it.

Here are some examples illustrating this concept:

• Example 1: The Long-Standing Garden Border

  Mr. Henderson and Ms. Chen own adjacent suburban homes. For over 25 years, a meticulously maintained flower bed and a small decorative stone wall have separated their backyards. While their property deeds contain slightly different measurements that could place the true boundary a few feet into Ms. Chen's side, both Mr. Henderson and Ms. Chen (and the previous owners before them) have always treated the stone wall as the definitive property line. They have consistently maintained their respective sides of the wall, and neither has ever questioned its location.

  This demonstrates boundary by agreement because, despite potential discrepancies in the official deeds, both property owners have consistently recognized and acted upon the stone wall and flower bed as their shared boundary for an extended period. Their mutual acceptance and reliance on this physical marker establish it as the legal boundary.

• Example 2: The Shared Farm Road

  Two farmers, the Rodriguez family and the O'Connell family, own large, contiguous agricultural properties. Decades ago, when the original surveys were unclear about the exact dividing line through a wooded area, their grandparents verbally agreed that an existing dirt farm road, which had been used by both families for generations, would serve as their permanent boundary. Since then, both families have maintained their respective portions of the land up to this road, never crossing it for farming activities, and have even shared the cost of its upkeep.

  Here, the boundary by agreement is established by the initial verbal agreement between the families and, more importantly, by their consistent actions over many decades. They have both treated the farm road as the boundary, demonstrating mutual assent and reliance, even if a modern survey might show a slightly different line.

• Example 3: Commercial Property Development

  A commercial developer, Apex Corp., and a neighboring shopping center owner, Retail Holdings Inc., discovered an ambiguity in their property descriptions concerning a 5-foot strip of land along their common border during a new construction project. To avoid costly delays and potential litigation, the two companies formally entered into a written agreement, recorded with the county, specifying that the edge of an existing utility easement would serve as their permanent, agreed-upon boundary. They then proceeded with their respective construction plans, respecting this new line.

  This example illustrates boundary by agreement being established proactively to resolve an uncertainty. The formal written agreement, coupled with their subsequent actions of developing their properties up to the agreed utility easement, solidifies this line as their legal boundary, preventing future disputes.