Fill and Sign the Agreement between Adjoining Landowners Regarding Encroachment Form

Agreement Between Adjoining Landowners Regarding Encroachment of Trees or Bushes Agreement made on the ____ day of ________________________________, 20____, between ____________________________________________ (Name of First Property Owner) of _______________________________________________________ ________________________________________________________________________ _____________________ (street address, city, county, state, zip code) , referred to herein as First Owner, and _______________________________________________ (Name of Second Property Owner) of _________________________________________________ ___________________________________________________________________________________________________________ (street address, city, county, state, zip code), referred to herein as Second Owner. Whereas, First Owner is the owner in fee simple of that certain lot of land in _________________________________________________________________ (name of county and state) described as follows: (legal description of property of First Owner) ____________________________________________________________ ___________________________________________________________________________________________________________________________________________ ; and Whereas, Second Owner is the owner in fee simple of that certain lot of land in _____________________________________________________________ (name of county and state) that adjoins the above-described property of First Owner to the ______________________ (e.g., north, south, east, or west) , and that is described as follows: (legal description of property of Second Owner)_________________________ _________________________________________________________________________________________________________________________________________________________________________________________________ ; and Whereas, there are now planted on the premises of Second Owner certain _______________________________________________ (e.g., trees and/or bushes) that are described as follows: (describe trees and/or bushes and how they are planted) ____________________________________________________________________________________________________________________________________________________________________________________________________________________ . First Owner claims that the _________________________________________________ (e.g., roots. branches or vines) of these _______________________________________ (e.g., trees and/or bushes) encroach on the _________________________ (e.g., north, south, east, or west) part of the above-described lot to the extent of _____________ (number) inches; Now, therefore, in consideration of this Agreement, and other good and valuable consideration, including the pleasure and shade that the parties derive from the above- described ________________________________________________ (e.g., trees and/or bushes) First Owner agrees that, so long as the encroaching _______________________ ____________________________ (e.g., trees and/or bushes) shall remain, Second Owner shall have the right to have them overlap and extend beyond the ______________ (e.g., north, south, east, or west) boundary line of the land of First Owner. These provisions shall operate as a covenant running with both parcels of the above-described land, and shall bind both parties, their respective heirs, executors, administrators, and assigns. This instrument and all of these covenants shall remain in force and effect only so long as the above-mentioned ______________________________________________ (e.g., trees and/or bushes) shall remain; on their removal or destruction, all rights of Second Owner as described above shall cease. Witness our signatures as of the day and date first above named. __________________________________________ (Name and Signature of First Owner) __________________________________________ (Name and Signature of Second Owner) 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, ______________________________________ (Name of First Owner), who acknowledged that he executed the above and foregoing instrument. ______________________________ NOTARY PUBLIC My Commission expires:______________________ 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, ______________________________________ (Name of Second Owner), who acknowledged that he executed the above and foregoing instrument. ______________________________ NOTARY PUBLIC My Commission expires:______________________ Note: Form of Acknowledgment may vary by state.