Once this agreement is made and certain conditions (discussed below) are met, the line is the permanent legal boundary. When a boundary line cannot be located because deeds or maps are ambiguous, the two adjoining neighbors may simply agree where the boundary line is. However, because legal intricacies in property descriptions vary from state to state, it is always wisest to let a local real estate lawyer check the deed. You can purchase quitclaim forms in some large office supply stores and do it yourself. If you have no mortgage on your property, setting a new boundary this way can be a very easy procedure. Is An Attorney Needed for a Quitclaim Deed? Then they both put the deeds on file (record them) at the county land records office. Each property is identified exactly as it is in the deed already on record, with the addition of the description of the fence. Janet makes out a deed quitclaiming any interest in Rod's property. In the deed Rod signs, he describes and gives up any interest in Janet's property. Rod signs a deed giving any rights to the property on the other side of the fence to Janet, and she signs a comparable deed. He and Janet agree that the fence will mark the boundary. Rod wants to enclose his yard with a fence, but doesn't want to pay for an expensive survey of the property to find the exact boundary. All future buyers will be able to find the deed and know what belongs to whom, when they buy the property.Įxample: Janet and Rod, next-door neighbors, aren't sure where the boundary line is between their properties. Once the deeds are recorded (put on file) in the county land records office (usually in the courthouse), there will never again be a question about the boundary. It may be worth spending the money for this small service to avoid any possibility of later confusion.Įach neighbor should sign a quitclaim deed, transferring to the other neighbor any right they have to the property that falls on the other side of the line they have agreed on.
#BOUNDARY SURVEY FULL#
But others put a clause in the mortgage that allows the company to demand full and immediate payment of the entire loan if the borrower transfers any interest whatsoever in the property.Įven if you have no mortgage, you might want to get an attorney to draw up the property descriptions in the deed, or just to look over your work if you draw up your own using The Deeds Book by Mary Randolph (Nolo Press). Some mortgage companies will not be concerned or want to be involved. Whoever holds the mortgage may need to be notified and permission obtained before you transfer even a tiny piece of the land. If you have a mortgage on the property, consult a local attorney for help in drawing up the deeds. To establish a clear boundary, adjoining property owners can decide where they want it to be and then make it so by signing deeds that describe the boundary agreed on. Setting the Boundary With a Quitclaim Deed If you can't figure it out from the property descriptions in your deed or subdivision map, or you and the neighbor think it is in different places, you have several choices. If you or your neighbor want to fence the property or build a structure close to the line, you need to know where the boundary line actually runs. And even when a permanent marker can be located, the boundary may not run in a straight line. Unless we have the property surveyed, the only way we may be able to go outside and physically touch the limit of what is ours is when permanent markers are described in a deed, such as a tree or stone monument. Most of us don't know where our exact property boundaries are located, and many of us don't care. Letting a Court Decide on the Boundary 6.
Putting Boundary Agreements in Writing 4. Setting Boundaries by Owner's Agreements 3. Setting the Boundary With a Quitclaim Deed 2.
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