Agreed Boundary Doctrine in Florida
The agreed boundary doctrine allows Florida property owners to establish a binding boundary line through mutual agreement and long-term acquiescence, even if the agreed line does not match the boundary shown on a survey or the recorded legal description.
When the Doctrine Applies
Florida courts apply the agreed boundary doctrine when three conditions are met. First, the true boundary must be uncertain or genuinely disputed at the time of the agreement. Second, the adjacent owners must reach an understanding, express or implied, about where the boundary falls. Third, the parties must treat the agreed line as the boundary for a significant period through consistent conduct, such as building fences, maintaining landscaping, or constructing improvements along the agreed line.
Effect on Future Owners
An agreed boundary established under Florida law binds subsequent owners of both parcels. When a new buyer purchases one of the properties, they take it subject to the agreed boundary, even if their survey shows a different line. This can create disputes when a new owner discovers that the fence line does not match the legal description. Title companies should identify potential agreed boundary issues during the title examination process.
Related Terms
Barnes Walker Real Estate
Barnes Walker resolves boundary disputes and advises on property line issues for owners throughout Southwest Florida. Contact our real estate team for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC