Fill and Sign the Adjoining Property Form

Agreement Between Adjoining Landowners to Maintain Fence Partitioning Agriculture Property Agreement made on the ___ day of _______________, 20___, between _________________________________________ of ________________________________ ______________________________________________ (street address, city, county, state, zip code) , referred to herein as ____________________________________________ , and ______________________________________________ of _____________________________ _________________________________________________________________ (street address, city, county, state, zip code) , referred to herein as_______________________________ . Whereas, the parties are adjoining landowners of agricultural property bounded in part by a common boundary approximately ____________ (number of feet) feet in length and described as follows: ( Legal description of common boundary line) Whereas, the parties desire to bind themselves, and their heirs and assigns, to an agreement for the construction and maintenance of a partition fence so that their properties may be separated by a sufficient fence, and they and any future owners of their properties will have clearly defined duties with respect to the maintenance of that fence, all to the end that good relations between owners and tenants of the respective properties may be maintained; 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. Center Post A permanent center post shall be located ______________________________________ _____________________________________________________________________________ ( describe location such as “ at the midpoint of the common boundary”), the location of this post to be ascertained before ____________________ (date). At that time, the parties shall cooperate in sinking the post. 2. Covenant by _____________________________ ________________________________ covenants, for himself and his heirs and assigns, to erect and maintain a fence from the center post _____________________________________ (compass direction) to the ________________________________________________ (compass direction) terminal of the common boundary. 3. Covenant by ____________________________ _____________________________________ covenants, for himself and his heirs and assigns, to erect and maintain a fence from the center post _______________________________ (compass direction) to the _______________________________________ (compass direction) terminal of the common boundary. 4. Type of Fence The fence erected and maintained pursuant to this agreement shall be ____________________________________________________________________________ _______________________________________________________ (specifications for fence) . 5. Encroachments Each party agrees to permit any encroachment by the other party where necessary to anchor a post, provided that any encroachment shall not exceed _____________ (number of inches) inches, and further provided that the encroaching party sufficiently covers and shields all anchors and guy wires to prevent injuries. 6. Recording Each party agrees that ___________________________________ will record an original of this document with the __________________________________________________ (county official’s name and office where deeds are recorded), with each party to pay 50% of the cost of recording. 7. 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. 8. Governing Law This Agreement shall be executed in duplicate and shall be governed by, construed, and enforced in accordance with the laws of _____________________________________________ (state where property located). WITNESS our signatures as of the day and date first above stated. _____________________________ ______________________________ Acknowledgment (may vary by state) STATE OF ____________________________ COUNTY OF ________________________ Personally appeared before me, the undersigned authority in and for the said County and State, on this _____ day of _______________, 20___, within my jurisdiction, the within - named ________________________________ and _____________________________________, who acknowledged that they executed the above and foregoing instrument. ___________________________________ NOTARY PUBLIC My Commission Expires: ______________________