Fill and Sign the Agreement Encroachment Form

Boundary Line Agreement to Cure an Encroachment Agreement made on the ___________________ (date) , between __________________ (Name of Owner) of ___________________________________________________________ _____________ (street address, city, county, state, zip code) , referred to herein as Owner , and _______________________ (Name of Neighbor) , of _____________________________ ______________________________ (street address, city, county, state, zip code) , referred to herein as Neighbor . Whereas, Owner is the Owner of real property commonly known as ________________ _____________________________________ (Address of Owner) , having Tax Account No. _______________ (tax account number of Owner) , more particularly described in a deed recorded in ____________________ (recording information for property of Owner) ____________________________________________________ ( Owner 's Property ) , which Property is shown on the Survey Map attached hereto as Exhibit A , which is dated ___________________ (date of Survey map) , made by _______________________ (name of Surveyor) (the Survey ), which Survey is attached to and made a part of this Agreement. Whereas, Neighbor is the Owner of real property commonly known as ______________ __________________________________ (address of Neighbor) , having Tax Account No. ____________________ (tax account number of Neighbor) , more particularly described in a deed recorded in __________________________ (recording information for property of Neighbor) , which adjoins the Owner 's Property ______________________________________ ____________________ ( Neighbor 's Property ) . Whereas, there is a ___________ (number of feet) feet ________________________ (type of encroachment) encroachment on the __________________ (direction of compass) boundary line of Owner 's Property (the encroachment ). Whereas, t he parties wish to establish the common boundary line between Owner 's Property and Neighbor 's Property ; Now, therefore, for and in consideration of the premises and mutual promises made in this Agreement, and other good and valuable consideration by each of the parties to the other in hand paid, the receipt and sufficiency of which is acknowledged, the parties covenant and agree as follows: 1. Neighbor hereby conveys releases and quitclaims to Owner and Owner 's successors and assigns forever all of Neighbor 's right, title and interest in and to: The portion of the ______________________ (type of encroachment) lying between the __________________ (direction of compass) boundary line of Owner 's Property and the ____________________ (direction of compass) boundary line of Neighbor 's Property as shown on the Survey . 2. The placement of the encroachment upon Owner 's Property does not and shall never ripen into nor becomes a right to use any portion of the Owner 's Property by the Neighbor , but is and shall continue to be only used by sufferance of that portion of the Owner 's Property . 3. Wherever the encroachment , as presently existing, encroaches upon Owner 's Property , Owner grants to Neighbor a license to allow the encroachment to remain in its present location as long as the encroachment stands and is maintained in good order, condition and repair and in accordance with all legal requirements. If and when the encroachment is rebuilt, the licenses granted in this Agreement shall automatically terminate, and the encroachment will be brought within Neighbor 's Property at Neighbor 's sole cost and expense. The repair and maintenance of the encroachment shall be the responsibility of Neighbor , at Neighbor 's sole cost and expense. Neighbor shall be allowed to repair and maintain the encroachment as may be necessary. 4. The parties agree that this Agreement will inure to the benefit of the mortgagees, current or future, of their respective properties. 5. It is mutually covenanted and agreed by the parties that this Agreement shall run with the land and inure to the benefit of and be binding upon the parties, their heirs, distributees, legal representatives, successors and assigns. 6. Severability The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 7. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 8. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _______________. 9. Notices Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 10 . 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. 11. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 12. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 13. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 14. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. WITNESS our signatures as of the day and date first above stated. ________________________ _________________________ (P rinted name) (P rinted name) ________________________ _________________________ (Signature of Owner) (Signature of Neighbor) ( Attach Survey map) NOTE: Acknowledgement 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 ____________________ (date) , within my jurisdic tion, the within-named _____________________ (Name of Owner) and _____________________ (Name of Neighbor) , who acknowledged that they executed the above and foregoing instrument. ________________________________ NOTARY PUBLIC My Commission Expires: _________________