Fill and Sign the Agreement Regarding Boundary Form

Agreement Between Adjoining Landowners Regarding Maintenance of Wall Along Common Boundary Agreement made on the ____ day of ____________________________, 20____, between ___________________________________________________ (Name of First Party) of ________________________________________________________________ ________________________________________________________________________ ___________________________________ (street address, city, county, state, zip code) , referred to herein as First Party, and __________________________________________ _______________ (Name of Second Party) of __________________________________ ________________________________________________________________________ ________________________________________________ (street address, city, county, state, zip code) , referred to herein as Second Party. Whereas, the parties are adjoining landowners of real property bounded in part by a common boundary approximately _____________ (number of feet) feet in length and described as follows: ( legal description of common boundary line) ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Whereas, First Party is the owner of property located at ____________________ ________________________________________________________________________ ______________________________________________________ (street address, city, county, state, zip code) , which is bounded on the ________________ (e.g., west) side by the property of Second Party at ______________________________________________ ________________________________________________________________________ ________________________________ (street address, city, county, state, zip code) ; and Whereas, the wall that is located on the ____________________ (e.g., east) side of the land of Second Party now serves as a retaining wall for the land of Second Party along the common boundary, to the extent of ____________________ (number) feet; 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. Second Party agrees to maintain the wall on the __________________ (e.g., east) side of his property to the extent of __________________ (number) feet so as to provide the land of First Party with the support that it now requires. First Party and Second Party each agree to pay 50% of all costs of such maintenance. 2. Each party agrees that _____________________________________________ (e.g., First Party or Second Party) 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. 3. 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. 4. 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. __________________________________________ __________________________________________ (Printed Name & Signature of First Party) __________________________________________ __________________________________________ (Printed Name & Signature of Second Party) 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 _______________________________ ____________________________ (Name of First Party) and _____________________ ___________________________________ (Name of Second Party) who acknowledged that they executed the above and foregoing instrument. ____________________________________ NOTARY PUBLIC My Commission Expires: ______________________