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Real Estate Boundary Change Agreement

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REAL ESTATE BOUNDARY CHANGE AGREEMENT

This Real Estate Boundary Change Agreement ("Agreement") is entered into as of the Effective Date: by and between the following parties.

Parties

Property Identification

Recitals

WHEREAS, Owner A is the recorded owner of Parcel A and Owner B is the recorded owner of Parcel B; and WHEREAS, the parties desire to adjust the common boundary line between Parcel A and Parcel B by the conveyance(s), recordation of a new survey plat, and amendment of legal descriptions as set forth below.

Agreement

1. Boundary Change. Owner A and Owner B agree to change the boundary between Parcel A and Parcel B in accordance with the new boundary described as follows and depicted on the survey and plat to be prepared:

2. Survey and Plat. A new boundary survey and recordable plat shall be prepared by a licensed surveyor selected by . The plat shall be approved and signed by both Owners and recorded in the office of the county recorder of the county where the parcels are located: County: .

3. Allocation of Costs. Costs for the survey, plat preparation, recording fees, documentary transfer taxes, and attorney or escrow fees shall be allocated as follows:

4. Conveyance and Deeds. Upon preparation of the approved survey and plat, the party or parties required to convey title shall execute and deliver quitclaim or special warranty deeds, as appropriate, containing the new legal descriptions. Deed(s) shall be executed and recorded no later than: .

5. Easements and Rights Reserved. The parties agree to reserve or grant any easements necessary for access, utilities, drainage, or maintenance as identified on the survey and plat. Specific easement terms:

6. Improvements and Encroachments. The parties acknowledge the following regarding existing improvements:

Do any structures, fences, driveways, or improvements currently straddle the proposed new boundary?

Required Disclosures

Lead-based paint disclosure applicable to residential structures built before 1978:

Known mold, water intrusion, or prior structural damage:

Any material facts or claims regarding title, liens, or encumbrances not shown in public records:

Representations, Warranties and Indemnity

Each Owner represents and warrants that they are the lawful owner of the parcel(s) identified above, have the authority to enter into this Agreement, and that there are no pending legal actions that would impair their ability to convey or accept conveyance as required by this Agreement. Each Owner shall indemnify and hold harmless the other Owner from and against all liabilities, claims, losses, and costs (including reasonable attorneys' fees) arising out of the indemnifying Owner's breach of any representation, warranty, or covenant contained in this Agreement.

Default and Remedies

In the event of default by an Owner under this Agreement, the non-defaulting Owner shall provide written notice specifying the default and allow thirty (30) days for cure where curable. If the default is not cured within the cure period, the non-defaulting Owner may pursue specific performance, injunctive relief, monetary damages, and any other remedies available at law or in equity.

Taxes, Assessments and Costs Following Recordation

Real property taxes, assessments, and other charges shall be apportioned between the Owners as of the date of recordation of the new deeds and plat. Additional specifics:

Insurance; Risk of Loss

Unless otherwise agreed in writing, each Owner shall maintain insurance coverage on the improvements located on their respective parcel until the boundary change and any associated conveyances are fully recorded. Responsibility for risk of loss prior to recordation:

Notices

All notices under this Agreement shall be in writing and delivered to the addresses below by personal delivery, certified mail (return receipt requested), or nationally recognized overnight courier:

Miscellaneous Provisions

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state of without regard to conflict of laws principles.

Entire Agreement; Amendment: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and may be amended only by a written instrument executed by both parties.

Successors and Assigns: This Agreement shall bind and inure to the benefit of the parties and their respective heirs, successors and permitted assigns.

Counterparts and Electronic Signatures: This Agreement may be executed in multiple counterparts, each of which shall be an original, and execution by electronic signature shall be binding.

Additional Terms

Acknowledgment: Each party acknowledges having read and understood this Agreement and having the authority to bind the party for whom they sign.

Owner A — Printed Name:

By:

Date:

Owner B — Printed Name:

By:

Date:

Enter text✕

What the Real Estate Boundary Change Agreement Is

A Real Estate Boundary Change Agreement documents an agreed modification to parcel lines, easements, or shared boundaries between adjacent property owners. It typically includes a legal description of the existing and revised lines, a survey or sketch, signatures of the affected parties, and any consideration or indemnities. The agreement is used to update title records, inform local taxing authorities, and support future conveyances; when required it is recorded with the county recorder or land records office to provide public notice and to bind successors in title.

Why a Clear Boundary Change Agreement Matters

A precise agreement reduces disputes, protects title insurance coverage, clarifies maintenance and access responsibilities, and enables accurate tax and utility assessments. It creates a written, date-stamped record that can be recorded in public land records, providing constructive notice to future buyers and lenders.

Why a Clear Boundary Change Agreement Matters

Who Commonly Prepares and Signs This Agreement

Typical parties include adjacent property owners, land surveyors, title companies, and lenders involved in the property transaction.

  • Property owners and neighbors negotiating boundary adjustments or boundary line agreements for mutual benefit or to resolve encroachments.
  • Licensed surveyors preparing and certifying the revised legal description and a new survey or plat for recordation.
  • Title companies, escrow agents, and lenders reviewing changes to ensure marketable title and updating title commitments.

Each signer should confirm authority to bind the parcel owner (corporate officer, trustee, or recorded owner) and verify identity before executing.

Primary Signer Roles

Owner

Individual or entity listed on title who must sign to change property boundaries; verify the recorded ownership and, for entities, ensure the signer has authority to execute on the entity's behalf and attach proof of authority when required.

Surveyor

Licensed surveyor prepares the revised legal description and plat, certifies coordinates and monuments, and often signs to attest to the accuracy of the new boundary depiction for recording and title company review.

Core Elements to Include in a Professional Agreement

A professionally drafted Real Estate Boundary Change Agreement combines legal, technical, and practical elements so the change is enforceable, recordable, and clear to third parties.

Parties

Full legal names and entity types for all owners affected, plus contact addresses and capacity (individual, trustee, corporate officer) to establish signing authority and service addresses for notices.

Existing Description

The current legal description and parcel identifier (lot, block, or assessor parcel number) to anchor the change to a recorded baseline and avoid ambiguity in the record chain.

Revised Description

A new, survey-certified legal description and metes-and-bounds or plat reference that precisely defines revised lines, bearings, distances, and monument references for recordation.

Survey/Exhibit

A labeled survey plat or sketch attached as an exhibit showing both the original and new boundaries, surveyor certification, reference points, and a north arrow and scale for verification.

Consideration & Covenants

Any payment, allocation of costs, reciprocal easements, maintenance obligations, or indemnities that define obligations after the boundary change and protect against future claims.

Recording & Signatures

Notary acknowledgment, witness requirements if applicable, acknowledgments of consent, and instructions designating the county recorder and filing sequence for public record.

Required Information and Form Fields at a Glance

Party Names: Full legal names
Parcel Identifier: Assessor parcel ID
Legal Description: Metes and bounds
Revised Lines: New boundary description
Survey Exhibit: Survey plat attached
Signatures: Signed and dated

Step-by-Step: Completing a Boundary Change Agreement

Follow this sequence to prepare, execute, and record the agreement correctly.

  • 01
    Prepare Survey: Order or confirm a current boundary survey and certified legal description.
  • 02
    Draft Agreement: Include parties, current and revised descriptions, and exhibits.
  • 03
    Review With Title: Send to title for commitment update and exception review.
  • 04
    Sign and Record: Execute with notarization then record in the appropriate county office.

How to Set Up an Online Signing Workflow

Configure fields and routing so signers complete in the correct order and records are attached at signing.

Field Configuration
Signers & Order Assign primary and secondary signer order | sequential
Required Attachments Make survey exhibit required | attach before send
Authentication Use email + SMS code or ID verification | moderate security
Certificate Enable completion certificate | include audit trail

Where to Send or File the Executed Agreement

After execution, follow these routing steps so the change is effective and visible to third parties.

  • County Recorder: Record the fully executed agreement and exhibit in the recorder's office for the county where the property is located.
  • Title Company: Deliver a recorded copy to the title insurer so the policy and exceptions can be updated.
  • Local Tax Office: Notify the county assessor to update tax parcel boundaries and assessments where required.
  • Lender or Escrow: If the property has encumbrances, provide the recorded change to the mortgagee or escrow agent for loan file updates.

Digital Signing and File Format Considerations

Use PDF or Word documents with attached, survey-quality images and a preserved audit trail when eSigning.

  • Supported Formats: PDF, DOCX, and attached TIFF or PNG survey images
  • Integrations: Common integrations include Salesforce, NetSuite, and Google Workspace
  • Security: TLS in transit and AES-256 at rest

Ensure the platform captures a tamper-evident certificate, signer identity data, and stores the signed copy in durable format for recording and title purposes.

Typical Timelines and Processing Expectations

Timing varies by county, but plan for internal review, title updates, and recording as sequential steps.

Survey Turnaround Time:

Allow 2–6 weeks depending on complexity and surveyor backlog

Title Review Period:

Expect 3–7 business days to update commitments and exceptions

Recording Processing Time:

County recording often posts in 1–10 business days, varies by office

Tax Assessment Update:

Assessor adjustments may take one tax cycle to reflect boundary changes

Dispute Window:

Statute of limitations for boundary claims varies by state; consult counsel early

Practical Tips for Accurate and Efficient Completion

Follow these practical recommendations to reduce rework, recording delays, and post-closing title issues.

Attach a Certified Survey as Exhibit
Always include a licensed surveyor-stamped plat labeled as an exhibit; ambiguous sketches invite recording rejection and future boundary disputes.
Use Exact Recorded Language
Copy the existing deed's legal description verbatim to avoid inconsistencies; update only the revised segment with a clear change statement and survey-backed bearings.
Confirm Signatory Authority
For corporations, LLCs, or trusts, attach a resolution or officer certificate proving the signer has authority, preventing challenges to the agreement's validity.
Choose Correct Recording Venue
Record in the county recorder's office where the property is located and confirm local page and format requirements to prevent rejections.

Real-World Examples and How They Were Resolved

These concise case examples show how boundary agreements are used and recorded in practice.

Martin Properties — Boundary Adjustment

When two lots required a minor line shift to complete a sale, the parties engaged a surveyor and drafted a boundary change agreement.

  • Survey-certified description attached and parties executed remotely.
  • The recorded agreement resolved the encroachment, permitted the sale to close, and updated title commitments without litigation.

Optica Ventures — Easement Clarification

A developer needed a clarified access easement across a neighbor's lot for construction staging and future access.

  • Parties negotiated maintenance and indemnity terms.
  • Recording the agreement with a detailed exhibit preserved access rights and enabled lender underwriting to proceed.

Consequences of an Incorrect or Incomplete Agreement

Recording Rejection: Document rejected
Boundary Dispute: Civil litigation risk
Title Exceptions: Title insurance exclusions
Tax Assessment Issues: Delayed reassessment
Lien Complications: New encumbrances appear
Statute Problems: Challengeable by successors

Common Preparation Errors to Avoid

  • Using an informal sketch instead of a licensed, stamped survey increases the chance the recorder will reject the filing and exposes parties to future boundary litigation.
  • Failing to verify signatory authority for entity owners can render the agreement voidable and delay closings while proof of authority is obtained.
  • Omitting the assessor parcel number, or entering the wrong APN, can misdirect the recorded instrument and fail to provide constructive notice for the intended parcel.
  • Not coordinating with the title company before recording may leave unresolved exceptions or easements that should be addressed in the agreement.

eSignature Vendor Pricing and Feature Snapshot

Common eSignature plans vary by price model, included features, and enterprise limits; signNow is shown first for direct comparison.

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Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial, no credit card No No Yes, limited Yes, limited
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently Asked Questions

Answers to common questions about validity, execution, recording, and eSigning of boundary change agreements.


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