Fill and Sign the Agreement Fence Party Form

Agreement by Adjacent Landowners to Construct a Partition Fence with Each Party to Construct One-Half 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 parcels of property located in ___________________________________________ (name of county and state) and wish to construct and provide for the continuing maintenance of a partition fence along the common north-south boundary line of their respective properties, which boundary line is described as follows: ( legal description of common boundary line) 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. Erection of Fence The parties shall erect a partition fence along the boundary line mentioned above, a distance of ______________________ (number of feet) feet, more or less. The terminal points of the fence are to be_______________________________________________________________ ( description of point) at the north end, and ___________________________________________ ______________________________________________ ( description of point) at the south end. 2. Type of Fence The fence shall be constructed of _____________________________________________ (description of material) , shall be ____________________________________ (number of feet) feet in height, and _______________________________________________________________ (list of other pertinent details concerning construction) . 3. Center Post A. A permanent center post shall be located at the midpoint of the boundary line. The post shall be ___________________________________________________________________ (list details concerning post) . Location of the post shall be determined, and erection of the post completed, no later than ________________________________________ (date of completion) . B. All work in connection with the center post shall be performed by the parties, working together, and all expenses shall be divided equally between them. 4. Fence to be Erected Within ______________ (number of days) days following erection of the center post as set forth above, Doe shall erect or cause to be erected, at his cost, that part of the fence that will extend north from the center post; similarly, _______________________________ shall erect or cause to be erected, at his cost, that part of the fence that will extend south from the center post. 5. Maintenance of Fence A. Each party agrees to maintain in good condition and, when necessary, repair, the portion of the fence constructed by that party. B. Any repair or rebuilding of the fence shall be on the same location as the original, and of the same height and density, and of the same quality and of the same or similar material as that used in the original fence. 6. Duration of Agreement This Agreement shall remain in force until such time as it is modified or rescinded by the parties or the then owners of the respective properties, as appropriate, by an instrument recorded with the proper official as may be provided by the laws of _______________________________ (name of state) . 7. Binding Effect of Agreement This Agreement, and the rights and duties under this Agreement, shall bind and inure to the benefit of the parties, and their heirs, legal representatives, and assigns. 8. 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. 9. 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. 10. 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: ______________________