Can this agreement be signed electronically?

Yes. Electronic signatures are generally enforceable under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted. Ensure the signer demonstrates intent, consents to electronic records, and that the record can be retained and reproduced.

Is notarization always required to record?

Most counties require a notarized acknowledgement or jurat for recording; requirements vary by state and county. For notarization rules and RON allowances, consult the state notary office or recorder.

Should the agreement be recorded?

Recording provides public notice and protects subsequent purchasers and lenders. If the agreement creates an easement or affects title, recording is recommended; include the recorder's legal description and proper notary block.

What if a mortgage holder objects?

Mortgagees may require consent before alterations that affect collateral. Obtain written mortgagee consent when required to avoid triggering default or title exceptions.

How do I handle disputed encroachments?

If ownership or boundary lines are contested, obtain an independent survey and consider filing a quiet-title action or mediated settlement to resolve rights before finalizing the agreement.

Can the agreement be revoked later?

Revocation depends on stated terms. If the agreement creates a recorded easement, revocation usually requires the same formality as creation: written release, signatures, and recording; otherwise follow the termination provisions specified in the agreement.

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Agreement Between Adjoining Landowners Regarding Encroachment

Agreement Between Adjoining Landowners Regarding Encroachment

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

What this Agreement Covers

An Agreement Between Adjoining Landowners Regarding Encroachment is a written contract used when one property owner discovers that an improvement, fence, driveway, or other structure encroaches on an adjoining parcel. The document identifies the encroaching feature, the parcels and owners involved, and the rights and obligations each party agrees to, such as tolerance, removal timelines, maintenance responsibilities, or permanent easement creation. It records consent or a resolution to prevent future disputes and creates an evidentiary record that can be recorded with the county if parties choose to protect the agreement against later title claims.

Why parties create an encroachment agreement

Use this agreement to avoid litigation, clarify responsibilities for maintenance or removal, allow recording on the land records, or convert an informal encroachment into a formal easement or license. It preserves property values and gives clear title-related documentation that third parties and future owners can rely on.

Who typically completes this agreement

Common users include neighboring property owners, landlords, condominium associations, surveyors, and real estate attorneys who need a formal resolution of boundary or physical encroachment issues.

Neighboring homeowners negotiating a driveway or fence encroachment
Property managers resolving lot-line improvements for tenants
Real estate attorneys advising clients in purchase or sale transactions

Core elements to include in a professional encroachment agreement

A clear, enforceable agreement should address the physical description of the encroachment, legal description of both parcels, duration (temporary or perpetual), obligations for maintenance or removal, indemnity and liability allocation, and whether the agreement will be recorded with the county recorder.

Encroachment Description

A precise description of the encroaching item, with dimensions and location references to a recorded plat or survey; attach an exhibit map where possible.

Parties and Parcels

Full legal names of owner(s) and deed-based legal descriptions for both properties; include parcel numbers to avoid ambiguity.

Term and Rights

State whether the arrangement is temporary, time-limited, or creates a permanent easement or license and specify any renewal or termination conditions.

Maintenance & Repair

Allocate responsibility and cost for upkeep, repairs, utility access, and who must restore property on removal.

Indemnity & Insurance

Specify indemnification language for damages and require insurance coverage where appropriate to mitigate liability.

Recording & Notice

State whether the agreement will be recorded, the recording jurisdiction, and include any consent to title exceptions or covenants.

Step-by-step: preparing and executing the agreement

Follow a clear sequence from fact-gathering through execution to reduce errors and create a record suitable for recording or future enforcement.

01

Survey the Encroachment: Obtain or commission a boundary survey to document the encroachment location and size.
02

Negotiate Terms: Agree on removal rights, maintenance, indemnity, and whether the encroachment becomes an easement.
03

Draft the Agreement: Prepare written terms with exhibits and legal descriptions; consider attorney review for complex matters.
04

Execute and Notarize: All owners sign before a notary if recording is planned; follow state notary and witness rules.

Typical routing and processing flow

Agreeing parties often follow a multi-step routing flow that captures documentation, consent, and recordation when needed.

Document Preparation: Draft the agreement and attach survey/exhibit maps for clarity.
Review & Counselling: Each party reviews the draft; attorneys advise on title or liability implications.
Execution & Notarization: Signers execute in presence of a notary and any required witnesses per state law.
Recording & Distribution: File with county recorder if the parties choose to create public notice; distribute signed copies to title insurers and owners.

Digital workflow settings for online completion

Configure the digital workflow to match the agreement's execution and recording requirements before sending to signers.

Field	Configuration
Signature Type	Specify electronic signature with notarization or in-person signing as required
Supporting Files	Attach survey exhibit PDF and parcel tax map as required documents
Signer Authentication	Use email + SMS code or stronger KBA when high-assurance identification is needed
Recording Prep	Add notary block and county recording block as separate fields for clerk use

Technical delivery options for execution

Choose a platform that supports required signature authentication, notarization workflows, and PDF exhibits when executing an encroachment agreement.

eSignature Support: PDF and DOCX support for signatures and attestations
Notarization Options: In-person or RON where state law permits
Integrations: Connectors for cloud storage and title systems

Key security and compliance details to check

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest

Access Controls: Role-based signatory and admin permissions

Audit Trail: Timestamp, IP, and action history for each signer

HIPAA/BAA: BAA required for health-related data

21 CFR Part 11: Compliant options for regulated records

Record Export: Signed PDF/A export for long-term retention

Risks of an incomplete or inaccurate agreement

Unenforceable Terms: Vague descriptions can render obligations unenforceable

Title Exceptions: Failure to record may create future title issues

Liability Gaps: Omitted indemnity or insurance clauses increase exposure

Statutory Noncompliance: Incorrect notarization or witnessing can invalidate recordation

Boundary Disputes: Inaccurate legal descriptions may create new disputes

Tax Consequences: Unexpected property tax or easement valuation impacts

Common preparation errors to avoid

Relying on informal measurements instead of a recorded survey
Using ambiguous duration language such as 'indefinite' without defined triggers
Omitting signatures from vested owners or mortgage holders
Skipping county recording when the agreement affects title or third parties

Typical timing expectations and deadlines

Understand timelines from surveying through recording to set realistic deadlines and avoid missed obligations.

Survey Acquisition:

Allow 1–4 weeks for a boundary or exhibit survey depending on schedule and complexity

Negotiation Period:

Plan 1–2 weeks for negotiation in straightforward matters; longer if title or mortgage consents are required

Execution & Notarization:

Execute when both parties and any required witness or notary are available; some counties require in-person prior to recording

County Recording:

Recording typically posts within 1–10 business days; timeframe varies by county clerk workload

Title Update:

Allow 2–6 weeks for title companies to reflect recorded instruments and clear exceptions

Comparison of common eSignature vendors for executing real estate encroachment agreements

Vendor pricing and feature availability vary; signNow is listed first as a representative eSignature option for executing and notarizing agreements online.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Plan	7-day trial	Varies	Varies	Varies	Varies
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently asked questions and troubleshooting

Answers to common questions about preparing, executing, notarizing, and recording an Agreement Between Adjoining Landowners Regarding Encroachment.

Need help? Contact support

Can this agreement be signed electronically?
Yes. Electronic signatures are generally enforceable under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted. Ensure the signer demonstrates intent, consents to electronic records, and that the record can be retained and reproduced.
Is notarization always required to record?
Most counties require a notarized acknowledgement or jurat for recording; requirements vary by state and county. For notarization rules and RON allowances, consult the state notary office or recorder.
Should the agreement be recorded?
Recording provides public notice and protects subsequent purchasers and lenders. If the agreement creates an easement or affects title, recording is recommended; include the recorder's legal description and proper notary block.
What if a mortgage holder objects?
Mortgagees may require consent before alterations that affect collateral. Obtain written mortgagee consent when required to avoid triggering default or title exceptions.
How do I handle disputed encroachments?
If ownership or boundary lines are contested, obtain an independent survey and consider filing a quiet-title action or mediated settlement to resolve rights before finalizing the agreement.
Can the agreement be revoked later?
Revocation depends on stated terms. If the agreement creates a recorded easement, revocation usually requires the same formality as creation: written release, signatures, and recording; otherwise follow the termination provisions specified in the agreement.

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