Fill and Sign the Adjoining Landowners Legal Definition of Adjoining Landowners Form

Agreement between Adjoining Landowners Granting Permission to Install Foundation under Adjacent Real Estate Agreement made on the __________________ (date), between __________________ of _____________________________________________ (street address, city, county, state, zip code), referred to herein as Doe; and __________________ of _____________________________________________ (street address, city, county, state, zip code), referred to herein as Smith. Whereas, Doe is the owner in fee of a certain lot of land in __________________ (name of county), __________________ (name of state), described as follows: _____________________________________________ (description of property); and Whereas, Smith is the owner in fee of a certain lot of land in __________________ (name of county), __________________ (name of state), which adjoins the above- described lot of land of Doe to the __________________ (north/south/east/ west), and is described as follows: _____________________________________________ (description of property); and Whereas, the respective property of the parties is shown on the survey, attached as Exhibit A and incorporated by reference; and Whereas, Smith desires to erect a building on his lot, the __________________ (north/south/east/west) wall of which will be contiguous to the __________________ (north/south/east/west) line of the lot of land of Doe; and party); and Whereas, Doe has agreed that Smith may install, lay, and maintain the necessary foundation for the wall partly in and under the lot of land of Doe. Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Doe agrees that Smith shall have the right to enter upon the adjoining lot of land of Doe and excavate the same along the boundary line between the premises of the parties and to install, lay, and maintain in and under such lot of land of Doe the necessary and proper foundation for the wall at a depth of not less than __________________ (number) feet and of a width of not more than __________________ (number) inches. This foundation is to be constructed of __________________ (stone/concrete). 2. Doe further agrees that Smith may do all such further acts and things which are necessary and proper to the construction of the foundation and to repair the same from time to time as necessary. 3. Smith agrees that in the construction of the foundation, Smith will do as little damage as possible to the lot of Doe, and will repair and make good any damage and restore the lot of Doe as nearly as possible to the condition in which it now is. 4. Mandatory Arbitration. Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 4. This Agreement shall bind and inure to the benefit of the respective heirs, personal representatives, successors, and assigns of the parties. WITNESS our signatures as of the day and date first above stated. ________________________ _________________________ Doe Smith (Acknowledgments) (Attach exhibit)