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  1. #1
    Join Date
    Feb 2012

    Default Border Line Agreement

    My question involves real estate located in the State of: Kentucky

    Will try to make this as short as possible, I have a lot for sale that is located between two other existing homes. I have a potential buyer and we have signed a contract. I had the lot surveyed to determine boundary. It was determined that one neighbor had a fence sitting on my property, I was able to get them to take down the fence so all seems ok with that. The potential buyer somehow has discovered in the deed of the other neighbor something that he deems a problem. It was explained to me that there was an extra call on the deed that should not be there in the corner near the beginning of my drive way. The way I understand it is that instead of the two lines meeting in the corner on his property, the way the deed is written that the one line keeps going and extends into what would be my driveway by a few feet. When I tried to talk to my neighbor about signing a border line agreement saying they agree with what my survey says there seemed threatened and refused to discuss the matter or sign anything. The error or technicality in the deed does not match what it shows in the survey and plat for their property. To me it seems as though I don't need any type of border line agreement because my neighbor and I have no disagreements about the border but the potential buyer insist that I get the agreement before he will buy. I just want some advice as to what you think I should do, I don't want to cause problems with my neighbor in case the buyer ends up backing out on me but I also want to sell my property. It doesn't seem like a problem exist to me right now and I don't want to start a problem, any advice would be appreciated.

  2. #2
    Join Date
    Aug 2010

    Default Re: Border Line Agreement

    Talk to your surveyor first about this, but I don't see an issue. Also, I don't see a need for a boundary line agreement:

    Part of our duty to the Public is to correctly interpret the intent of the Grantor when they convey property. The method to determine that intent is to examine the record. I almost always have to examine not only my clients deed(s) but every adjoiner's as well. In a case like this, a bad call like the one you described creates an ambiguity; i.e. something isn't adding up. The next step during my survey would be to find evidence on the ground or in the record that helps to clear up the ambiguity.

    Based on what you have posted, it appears that both you and your neighbor had a survey done of your respective parcels. I have to assume that both surveyors interpreted the "bad call" in the deed as a scrivener's error. I am also inferring that the surveys agree with each other, showing the true line in the same location. In other words, I am assuming that your surveyor examined the monuments found on the ground as well as the previous survey done by the neighbors, and resolved the ambiguity by agreeing with the previous survey (typically a good idea.)

    Keep in mind that the legal description in a deed is only a part of the equation here. If a deed calls out for a plan (or plat), that plan is also held to be a part of the record, and carries the same "legal weight" as the description itself. More than likely both surveyors caught the ambiguity almost immediately, and held the course found on the plan, and "threw out" the bad course in the description. For us, errors like that jump out at us like grammatical errors do for an English teacher.

    Next, it is not your duty as a landowner to clear up ambiguities in other people's deeds. You have done your duty to defend your property by getting a survey and then following up by requesting the removal of the fence. The one thing you could do if you haven't already is to record your survey as well as an updated deed description for your property; KY law may not require this, but it's usually a good idea - it goes toward that intent I talked about before.

    It appears that your neighbor has not recorded an updated deed description; again depending on KY law he or she may or may not need to. The surveys may be enough.

    But at the end of the day, you don't need a BLA. The line is established; a BLA is beyond redundant. Also, you have no right to demand that the neighbor do anything beyond what you have already asked for. Not that I am accusing you of demanding a BLA, I merely point this out because a buyer is trying to force your hand to do something you don't necessarily have the power to do.

  3. #3
    Join Date
    Feb 2012

    Default Re: Border Line Agreement

    I really appreciate your input. Those were my thoughts, it seemed redundant. When I try to tell this to my buyer though his response is I know the neighbors don't have a problem with it right now but what if they sell the property and then the new buyers try to take me to court. I'm just not sure how to respond to him, I feel I have did all I can do.

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