Form 26-7

This form is used to establish the common boundary between two parcels by agreement if the location of the boundary has become obscured over time because of fence locations or discrepancies in survey calls.

Boundary Line Agreement and Special Warranty Deed

Notice of confidentiality rights: If you are a natural person, you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record in the public records: your Social Security number or your driver’s license number.

Date:

Owner:

Owner’s Address:

Owner’s Property: That certain tract containing [number] acres, more or less, which is located in [county] County, Texas and is more fully described in Exhibit [exhibit number/letter] attached hereto and incorporated herein by reference for all purposes.

Adjoining Owner:

Adjoining Owner’s Address:

Adjoining Owner’s Property: That certain tract containing [number] acres, more or less, which is located in [county] County, Texas and is more fully described in Exhibit [exhibit number/letter] attached hereto and incorporated herein by reference for all pur­poses.

Based on [an examination of title/surveys] of Owner’s Property and Adjoining Owner’s Property, there appears to be a question as to the location of the common boundary line between Owner’s Property and Adjoining Owner’s Property. Owner and Adjoining Owner desire to settle the question by executing this agreement.

In consideration of settling the existing boundary line dispute and other good and valu­able consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and Adjoining Owner hereby agree as follows:

1.Set forth in Exhibit [exhibit number/letter] attached hereto and incorporated herein by reference for all purposes is a metes-and-bounds description of the line that Owner and Adjoining Owner have agreed will henceforth constitute the common boundary line between Owner’s Property and Adjoining Owner’s Property.

2.Owner and Adjoining Owner hereby grant, sell, and convey to each other their respective interests, if any, in the real property lying on the opposite side of the agreed com­mon boundary line from the remaining property that each of them owns, together with, all and singular, the rights and appurtenances thereto in any way belonging, to have and to hold such interests to the grantee and grantee’s heirs, successors, and assigns forever, and hereby agree to warrant and forever defend the title to these interests in the grantee and the grantee’s respective heirs, successors, and assigns against all claims arising by, through, or under the grantor but not otherwise.

3.This agreement binds and inures to the benefit of Owner and Adjoining Owner and their respective heirs, personal representatives, successors, and assigns.

   
[Name of owner]

   
[Name of adjoining owner]