Fill and Sign the Agreement Encroachment Sample Form

Agreement Between Adjoining Landowners Regarding Encroachment of a Building 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 a building and lot located at ______________________________________________________________________________ ______________________________________________________________________________ _________________________________________ (street address, city, county, state, zip code) and described as follows: (legal description of property of First Owner)____________________ _____________________________________________________________________________ _____________________________________________________________________________ ___________________________________________________________________________ . Whereas, Second Owner is the owner in fee simple of a building and lot located at ______________________________________________________________________________ ______________________________________________________________________________ __________________________________________ (street address, city, county, state, zip code) that adjoins the above-described property of First Owner and that is described as follows: (legal description of property of Second Owner) ___________________________________________ _____________________________________________________________________________ __________________________________________________________________________ ; and Whereas, the building on the property of Second Owner encroaches on the ______________________ (e.g., north, south, east, or west) part of First Owner’s above- described lot to the extent of _____________ (number) inches; and Whereas, Second Owner has quitclaimed to First Owner any and all right, title, or interest of Second Owner to the said lot of First Owner that might arise by adverse possession, or otherwise, due to the encroachment of the building of Second Owner on the said lot of First Owner; 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: I. First Owner agrees that, so long as the encroaching building shall remain standing, Second Owner shall have the right to have the building overlap and extend beyond the ________________________ (e.g., north, south, east, or west) boundary line of the land of First Owner , and to encroach and rest on the land of First Owner to the same extent and in the same manner as the building now overlaps and encroaches on this land. II. The provisions if this Agreement shall operate as a covenant running with both parcels of land described above, and shall bind both parties, their respective heirs, executors, administrators, and assigns. III. This instrument and all of these covenants shall remain in force and effect only so long as the present building of Second Owner shall remain standing; on the removal or destruction of said building, or the encroaching part of said building, all rights of Second Owner here agreed upon 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 fore going 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 fore going instrument. ____________________________________ NOTARY PUBLIC My Commission expires: ______________________ Note: Form of Acknowledgment may vary by state.