Application for Fence Permit

Boundary Line Agreement Regarding Fence and Driveway Inside Boundary Line

Agreement made on the (date), between

(Name of Owner) of

, referred to herein as Owner, and

(Name of Neighbor), of

, referred to herein as Neighbor.

Whereas, Owner is the owner of the real property (the Property) located at

, said Property being more particularly described as

;

Whereas, Neighbor is the owner of the real property (the Property) located at

, said Property being more particularly described as

;

Whereas, the parties have a common boundary line which is the (e.g., the ) boundary line of Owner and the (e.g., the ) boundary line of Neighbor; and

Whereas, the 's map dated (dated), hereinafter called the Map, shows the common boundary line between the properties of the parties as well as a fence owned by Owner up to feet and decreasing distances inside their boundary line as shown on the Map; and

Whereas, the Map also shows a driveway owned by Owner encroaching up to feet and decreasing distances upon the property of Neighbor (the driveway encroachment); and

Whereas, the parties have examined the survey, and have agreed to establish and confirm the boundary line shown on the Map as being the boundary line between the properties.

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. Boundary Line
The boundary line between their properties is as shown on the Map made by , a certified land surveyor, dated (date), which is attached to this Agreement, as Exhibit A. Neither party makes claim of adverse possession or otherwise to the lands situated on the respective lands shown on the Map as owned by the other party.

2. Conveyance
Owner does hereby convey and quitclaim to Neighbor any interest he may have to any property to the North of the boundary line as referred to above and Neighbor does hereby convey and quitclaim to Owner any interest he may have to any property to the South of the boundary line referred to above.

3. Driveway
Owner does hereby convey and quitclaim to Neighbor, all of Owner's right, title and interest in and to the portion of the driveway lying between the North boundary line of the Owner's property and the South boundary line of the driveway as shown on the survey.

4. License
Wherever the driveway encroachment, as presently existing, encroaches upon the Neighbor's Property, Neighbor grants Owner a license to allow the driveway encroachment to remain in its present location as long as the driveway encroachment stands and is maintained in good order, condition and repair. If and when the driveway encroachment is rebuilt, the licenses granted in this Agreement shall automatically terminate, and the driveway encroachment will be brought within Owner's property at Owner's sole cost and expense. The repair and maintenance of the driveway encroachment shall be the responsibility of Owner, at Owner's sole cost and expense. Owner shall be allowed to repair and maintain the driveway encroachment in its present location as may be necessary.

5. Mortgages
The parties agree that this Agreement will also be for the benefit of the mortgagees, current or future, of their respective Properties.

6. Binding Effect
It is mutually covenanted and agreed by and between the parties to this Agreement that this Agreement shall run with the land and shall be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors, and assigns of each of the parties to this Agreement.

7. 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.

8. 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.

9. Governing Law
This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of

10. 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.

11. 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.

12. 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.

13. 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.

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.

(Acknowledgment form may vary by state)

State

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,

, who acknowledged that he executed the above and foregoing instrument.

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

who acknowledged that he executed the above and foregoing instrument.

My Commission expires:

Sign Now