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Boundary line agreements between neighbors

A boundary line agreement is a recorded document in which two adjoining owners fix where the line between their land runs, or move it. In North Carolina it usually travels with a surveyed plat and deeds that convey the strip between the old line and the new one.

Order a parcel brief

Quick summary: This guide explains what a boundary line agreement does, the survey and plat it needs, when subdivision review applies, why lenders matter, and how the agreement is recorded. It is for neighbors who disagree about a line or want to move one, and for buyers who find a fence or drive over the line. The key takeaway: a handshake does not move a line. A sealed plat, deeds, and recording do.

What a boundary line agreement is

A boundary line agreement is a signed and recorded document in which adjoining owners fix the location of the line between their land. Some agreements confirm a line that two deeds describe in different ways. Others move the line so a fence, a drive, or a building sits on the right side.

The agreement does two things. It states where the line runs, usually by reference to a recorded plat. When the line moves, it conveys the strip between the old and new lines from one owner to the other. That conveyance is a transfer of land, so it is drafted and recorded like one.

An agreement differs from a court case. A court fixes a line when owners cannot agree. An agreement fixes it by consent of the owners. For how a line is located in the first place, see How to find property lines.

When neighbors use one

Neighbors use a boundary line agreement when the record and the ground disagree. Common cases include these.

An agreement can also settle a long possession question before it ripens into a claim. See Adverse possession in North Carolina.

The survey and plat it needs

A licensed land surveyor surveys the line and prepares the plat the agreement relies on. North Carolina’s plat statute sets what a recorded plat must show. That list includes a north arrow, the course and distance of each line surveyed, the monuments at the corners, and the names of adjoining owners.

The surveyor also certifies on the face of the plat what kind of survey it is. One listed category is a survey of “the recombination of existing parcels.” A plat with that certificate needs the approval required by local ordinance, or a no-approval-required certification, before recording.

It then goes to the county Review Officer. Under the Review Officer statute, each county designates one or more Review Officers to check plats against the recording requirements. The register of deeds does not accept a plat that requires review unless it carries the Review Officer’s certification.

Watch for: A line moved by agreement must still leave each lot meeting its zoning rules. Ask planning staff before the surveyor finishes the plat, not after.

Subdivision review and the recombination exemption

Most boundary line agreements fall outside subdivision review when no new lot results. The subdivision applicability statute excludes “the combination or recombination of portions of previously subdivided and recorded lots.” Two conditions apply: the total number of lots does not increase, and the resulting lots meet the local government’s standards.

That second condition is the trap. If moving the line leaves one lot short of the minimum area, width, or frontage, the exemption does not apply. The local government then treats the plat under its subdivision rules, or refuses it. Ask planning staff which certificate the plat needs. For divisions that create new lots, see How to subdivide land in North Carolina.

Lenders and title

A lender with a deed of trust on either lot has a stake in the line. Under the deed of trust recording statute, a recorded deed of trust takes priority by its time of registration. That deed of trust describes the land by the old line.

When a strip moves from one owner to the other, the strip may still sit under the first owner’s deed of trust. Ask each lender whether it must release the strip, consent to the agreement, or both. Ask the title insurer what it needs to insure the new line. See Deed of trust: how a loan is secured by land in North Carolina.

Recording the agreement

The agreement, the plat, and any deeds are recorded with the register of deeds in the county where the land lies. Under the recording act, a conveyance of land is valid against later purchasers and lien creditors only from registration. An unrecorded agreement may not bind the next buyer of either lot.

Recording has a second benefit. The plat statute says a later instrument that refers to a recorded plat has the same effect as if the plat’s description were written into it. Future deeds can then describe each lot by the new plat. A North Carolina real estate attorney drafts the agreement and the deeds. The attorney chooses the deed form for the strip. See Warranty deed vs quitclaim deed: what each one conveys.

Take action: Before you sign, see what the record shows for both lots: the deeds, the plats, and any deed of trust. Start with One parcel. Everything the record says, in order.

When neighbors cannot agree

When neighbors cannot agree, an owner may ask a court to establish the line. Under the boundaries statute, an owner whose line is in dispute may file a special proceeding in the superior court of the county. See Boundary disputes in North Carolina: how a line gets settled.

The procedure section sets the steps. The owner files a sworn petition naming the adjoining owners. If the answer denies the line, the clerk orders a surveyor to survey both claimed lines and report with a map within a time the clerk sets, not more than 30 days from the order. Either party may appeal the clerk’s ruling within 10 days for a jury trial.

That proceeding locates the line only. The pattern jury instruction for processioning notes that if title becomes an issue, the case converts to an action to quiet title. See Quiet title action: how a court settles who owns land.

Key recap

  • A boundary line agreement fixes or moves the line between two lots by consent, and conveys any strip that moves.
  • A licensed surveyor prepares the plat, and the county Review Officer certifies it before recording when review applies.
  • Recombinations are exempt from subdivision review only when the lot count stays the same and each lot meets local standards.
  • Lenders with deeds of trust on either lot may need to release or consent, and the title insurer must accept the new line.
  • If neighbors cannot agree, a special proceeding under Chapter 38 locates the line. A title question turns it into a quiet title action.

Questions

Do I need a survey for a boundary line agreement?

Yes, in practice. The agreement relies on a recorded plat that a licensed land surveyor prepares and seals. A description without a survey invites the same dispute again.

Does a boundary line agreement need town approval?

Often it needs a certification, not a full review. A recombination that keeps the same number of lots and leaves each lot meeting local standards is exempt from subdivision rules. Planning staff decide which certificate the plat carries.

Can a boundary line agreement fix an encroachment?

Yes. Moving the line so the fence, drive, or building sits on its owner’s side is a common use. An easement is another option when the owners want to keep the line where it is.

References

Primary sources cited on this page, in APA style.

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