Can my neighbor and I agree to set our own boundaries?

When it comes to a boundary dispute between Georgia neighbors, it seems so simple for the two sides to just point to a tree or a small hill and declare that landmark to be the dividing line between the two properties. In fact, two opposing sides of a boundary dispute can do just that. While there may be some legal complications involved, it is very possible for two neighbors to set their own boundaries.

Should you and your neighbor agree to set the boundaries of your respective properties, FindLaw explains that the two of you may compose a lot line agreement, or what is also referred to as a lot line adjustment agreement. This agreement is made up of deeds composed by the two parties that describes where the new boundary lines will be set.

Still, a lot line agreement is not a done deal yet. There are a number of hurdles you have to get over. You must ensure that your agreement is in compliance with your local zoning and subdivision laws. Even if you have agreed to set your own boundaries, your zoning regulations may prohibit moving an existing boundary for different reasons, such as the placement of utility lines across your property or the distance your boundaries should be from the street.

Also, you or your neighbor might still be paying off a mortgage on your respective properties. The lender that holds the mortgage may not approve of a lot line agreement composed by you and your neighbor, and might want a professional surveyor to take the measure of your properties before agreeing to a change in boundary lines.

So while you and your neighbor may have a vision for settling your boundary dispute, other parties may not agree with your decision. If you are considering going through with a lot line agreement, you might need to ask a real estate attorney for consultation on how to make your agreement succeed and to see if there are roadblocks that could prevent the agreement from being implemented.

Since boundary disputes take many forms, be aware that this article is not offering readers any legal advice. Its purpose is only to educate readers on the subject of real estate boundary disputes.

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