Encroachment Agreement

Bahman Eslamboly

Form reviewed by Bahman Eslamboly, Attorney at FindLegalForms

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This Encroachment Agreement is between two property owners, one of which seeks the right to encroach upon the other's property. This agreement sets out the names and addresses of the owners and the type of encroachment (i.e., monument, fence, mailbox) to be erected on the property. It also sets out that no right, title or interest is acquired in the property due to the encroachment. It is important that this type of agreement be clearly set forth in writing. A written Encroachment Agreement will prove valuable in the event there are future disagreements or misunderstandings regarding the properties.

This Encroachment Agreement contains the following provisions:
  • Owner Information: Sets out the names and addresses of the property owners (also known as licensee and licensor);
  • Permission: Licensor will permit licensee to encroach upon the property only in accordance with the survey sketch which is attached as an exhibit to this agreement;
  • Right or Title: Licensee will not acquire any title or interest in licensor's property due to the encroachment;
  • Removal: Licensee agrees to remove the encroachment upon ninety days' written notice by licensor;
  • Signatures: Both parties must sign this agreement in the presence of witnesses.

Protect your rights and property by using our attorney-prepared forms.

This attorney-prepared packet contains:
  1. General Instructions
  2. Encroachment Agreement
State Law Compliance: This form complies with the laws of all states

Encroachment Agreement

Product Details

Product Encroachment Agreement
Country United States
Pages 5
Dimensions Designed for Letter Size (8.5" x 11")
Printer compatibility Designed to print on all ink-jet and laser printers
Editable Yes (.doc, .wpd and .rtf)
Format Microsoft Word
Adobe PDF
WordPerfect
Rich Text Format
Platform Windows Compatible
Mac Compatible
Linux Compatible
Availability In Stock. Instant Download
Usage Unlimited number of prints
Category Consents, Notices, Permissions & Estoppels
Product number #28962
Download time Less than 1 minute (approx.)
Document Access Via secret online address
Email with download links
Email with attachment upon request
Refund Policy 60 days, no-questions asked, 100% money back guarantee

Frequently Asked Questions

An Encroachment Agreement is a legal document that outlines the terms under which one property owner is allowed to encroach upon the property of another. It specifies the type of encroachment, the rights of both parties, and the conditions for removal.

Having an Encroachment Agreement in writing is crucial as it provides a clear record of the permissions granted and the conditions agreed upon by both parties. This can help prevent misunderstandings and disputes in the future.

No, the Encroachment Agreement explicitly states that the licensee does not acquire any title or interest in the licensor's property due to the encroachment.

If the licensee fails to remove the encroachment after receiving a written notice from the licensor, the licensor may have the right to take legal action to have the encroachment removed.

Yes, this Encroachment Agreement complies with the laws of all states, making it a valid legal document for property owners across the United States.

Is This Form Right For You?

Use This Form If:

  • Individuals who own adjacent properties may find themselves in a situation where one property owner wishes to build a fence or other structure that extends onto the neighboring property. This Encroachment Agreement ensures that both parties have a clear understanding of the terms and conditions surrounding the encroachment, preventing future disputes.
  • For those looking to erect a mailbox or similar structure on a neighbor's land, this agreement provides the necessary legal framework. It outlines the permissions granted by the property owner and clarifies that no ownership rights are transferred, which is crucial for maintaining good neighborly relations.
  • Situations requiring formal documentation of property use often arise in real estate transactions. By having an Encroachment Agreement in place, property owners can protect their interests and avoid potential legal issues that may arise from unauthorized encroachments in the future.
  • When property owners are concerned about future disagreements regarding the boundaries of their properties, this agreement serves as a preventive measure. It clearly delineates the rights and responsibilities of each party, making it easier to resolve any misunderstandings that may occur later.
  • In cases where a property owner wishes to allow a temporary structure on their land, such as a construction site barrier, this Encroachment Agreement can be utilized. It formalizes the arrangement and ensures that the property owner retains the right to request removal of the structure at any time.

Do Not Use If:

  • – This form is not appropriate when the encroachment is permanent and the property owner is unwilling to grant permission. In such cases, a more formal legal process may be required to address property rights.
  • – If there are existing disputes between the property owners regarding the boundaries or ownership of the land, it is advisable to resolve those issues before entering into an Encroachment Agreement.
  • – In situations where the encroachment could lead to significant legal liabilities or safety concerns, such as building on a floodplain, this agreement may not sufficiently address the risks involved.
  • – When the encroachment involves structures that violate local zoning laws or regulations, this form should not be used, as it does not provide a legal basis for circumventing such laws.
  • – If the property owners do not have a good relationship or there is a history of conflict, it may be better to seek mediation or legal counsel before proceeding with an Encroachment Agreement.

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