Encroachment Agreement

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This Encroachment Agreement is between two property owners, one who desires to erect an encroachment, such as a monument or fence, on the other owner's property. It is important that this agreement be clearly set out in writing.

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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
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Encroachment Agreement

 

 

THIS AGREEMENT dated as of       between       (the “Licensee”) and       (the “Licensor”):
 
WHEREAS the Licensee is the owner of the property municipally known as       (the “Licensees Property”);
 
AND WHEREAS the Licensor is the owner of the property municipally known as       (the “Licensors Property”);
 
AND WHEREAS the Licensee wishes to obtain the right to encroach upon the Licensors property specifically for the purposes set out below;
 
AND WHEREAS the Licensor is prepared to permit such encroachment, strictly in accordance with the terms and conditions hereof;
 
NOW THEREFORE in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
 
1.   The Licensor hereby licenses and permits the Licensee to       but only in accordance with the sketch of survey attached to this Agreement and marked as Schedule “A” (the “Encroachment”).
 
2.   The Licensee shall not acquire any right, title or interest in or to the Licensors Property or the portion thereof affected by the Encroachment, except the right to maintain the Encroachment in accordance with the terms and conditions of this Agreement.
 
3.   The Licensee hereby agrees to remove the Encroachment upon receipt of ninety (90) days prior written notice from the Licensor requesting the Licensee to remove the same.
 
4.   This Agreement shall enure to the benefit of, and be binding upon the parties hereto, and their respective heirs, executors, successors and assigns.
 
IN WITNESS WHEREOF this Agreement has been executed by the parties hereto as of the date first above written.
 
 
 
 
Witness
 
Licensee
 
 
 
 
Witness
 
Licensor
Schedule “A
Sketch of Survey Establishing Encroachment
 
 
Number of Pages5
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#28962
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Encroachment Agreement

 

 

THIS AGREEMENT dated as of       between       (the “Licensee”) and       (the “Licensor”):
 
WHEREAS the Licensee is the owner of the property municipally known as       (the “Licensees Property”);
 
AND WHEREAS the Licensor is the owner of the property municipally known as       (the “Licensors Property”);
 
AND WHEREAS the Licensee wishes to obtain the right to encroach upon the Licensors property specifically for the purposes set out below;
 
AND WHEREAS the Licensor is prepared to permit such encroachment, strictly in accordance with the terms and conditions hereof;
 
NOW THEREFORE in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
 
1.   The Licensor hereby licenses and permits the Licensee to       but only in accordance with the sketch of survey attached to this Agreement and marked as Schedule “A” (the “Encroachment”).
 
2.   The Licensee shall not acquire any right, title or interest in or to the Licensors Property or the portion thereof affected by the Encroachment, except the right to maintain the Encroachment in accordance with the terms and conditions of this Agreement.
 
3.   The Licensee hereby agrees to remove the Encroachment upon receipt of ninety (90) days prior written notice from the Licensor requesting the Licensee to remove the same.
 
4.   This Agreement shall enure to the benefit of, and be binding upon the parties hereto, and their respective heirs, executors, successors and assigns.
 
IN WITNESS WHEREOF this Agreement has been executed by the parties hereto as of the date first above written.
 
 
 
 
Witness
 
Licensee
 
 
 
 
Witness
 
Licensor
Schedule “A
Sketch of Survey Establishing Encroachment
 
 

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Reviews: 5


New Castle,

CO

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It is very nice to have these forms so easily available The form I received worked well for me. Thank you. Larry Schmueser


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CA

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Worked very well for my purpose. Very efficient for retired attorney that is asked to do something routine from time to time.


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NC

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I had searched for this form on several web sites but couldn't find it. On your website it was easy to find and once downloaded, very easy to use. Very happy with the website and form and would use again.


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MI

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This experience was great. I got exactly what I wanted at a reasonable price and didn't even have to leave home. I called a title company first but the person that I spoke to didn't even know what an easement form was.


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OH

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