What do I really need to do for a Boundary Line Agreement?
Don't know what a "BLA" is? Click Here to read our article on the difference between Boundary Line Adjustments and Boudary Line Agreements.
The State Law which allows you, the property owners, to resolve a boundary dispute through agreement requires two things:
1. Documents which describe the agreement and which convey title to the land being exchanged. Although not expressly required, it is strongly advised that you have an attorney experienced in real property law prepare these documents.
2. A Record of Survey map prepared by a licensed surveyor and filed with the County Recorder or Auditor.
Some Frequently Asked Questions:
Q: Can’t I save money on an attorney by doing a Boundary Line Adjustment instead of an Agreement?
A: Remember, with an Adjustment, you will have to pay review fees to the city or county. You will still need conveyance documents even with an Adjustment and these should always be prepared by a competent attorney.
Q: Most jurisdictions don’t require a Record of Survey for an Adjustment. Won’t it cost a lot more for a survey?
A: Not really. In most cases, the dispute has been discovered as the result of a survey. Often we can add the additional work to complete the agreement for minimal additional fees. In any case, marking the new agreement line on the ground and filing a Record of Survey in the public records will help avoid future boundary conflicts. Even when a survey has not been completed and the owners become aware of the dispute by other means, a survey is almost always necessary to accurately define the extent of the disputed area and to properly prepare new legal descriptions.
Q: Why can’t you, the surveyor, prepare my agreement documents and deed?
A: Although licensed land surveyors who specialize in property boundary surveying are well versed in the laws and legal doctrines affecting real property, the preparation of agreements and deeds is viewed as the practice of law.
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