Can this agreement be e-signed?

Yes. Electronic signatures are legally valid under the federal ESIGN Act (15 U.S.C. ch. 96, 2000) and UETA in most states, provided you capture intent, consent, attribution, and retain a reproducible record.

Do I need a notary or witnesses?

Notarization is often required for recorded easements or when the document must be eligible for recording; witness requirements vary by state and by document type—check local recording office rules.

What permits are required?

Permit needs depend on municipal and county building codes; many cities require permits for fences over certain heights or for commercial properties—confirm with local building department before construction.

How do parties handle disputes?

Include a dispute-resolution clause specifying mediation or arbitration, choice of law, and venue to reduce litigation risk and clarify procedures for resolving disagreements.

Can I record the agreement to bind successors?

Yes if the agreement creates an easement or covenant; include recording instructions and have a properly acknowledged or notarized instrument for submission to the county recorder.

Which eSignature settings reduce future challenges?

Use identifiable authentication (email + SMS or ID verification), attach exhibits, capture an audit trail with timestamps and IP addresses, and retain a signed PDF to reproduce the record if needed.

Fencing Agreement

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FENCING AGREEMENT

This Fencing Agreement ("Agreement") is made effective as of , by and between:

Client Name: Contractor Name:

Client Address Contractor Address Contractor License / Registration Number Project Location (if different)

WHEREAS

WHEREAS, Client desires to have certain fencing work performed at the Project Location and has selected Contractor based on Contractor's representations of skill, experience, and ability to perform such work in a professional manner; and

WHEREAS, Contractor agrees to furnish all labor, materials, equipment, permits, and supervision necessary to construct, repair, replace, and/or remove fencing as described in the Scope of Work, subject to the terms and conditions set forth in this Agreement.

SCOPE OF WORK

Contractor shall perform the work described below in a good and workmanlike manner consistent with industry standards. The Scope of Work shall include, without limitation, materials, installation methods, fencing type, post spacing, footings, gates, finishes, and cleanup. Any work beyond this Scope shall require a written change order signed by both parties.

Detailed Scope of Work Materials Specification (brand, gauge, finish)

PAYMENT TERMS

Client shall pay Contractor a total contract price as set forth below. Payments shall be made in accordance with the schedule below. All amounts are in lawful currency and exclude applicable taxes unless otherwise stated.

Total Contract Price Deposit (if any) Payment Schedule / Milestones

Late payments shall incur a late fee of on past due balances, and Client shall be responsible for all collection costs, including reasonable attorney fees, associated with enforcement of unpaid sums.

TERM AND TERMINATION

Work is scheduled to commence on , . Estimated completion date is , . Time is of the essence with respect to the schedule except for delays caused by force majeure, permitting, or agreed change orders.

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure within days after written notice. Either party may terminate without cause upon days' prior written notice. Upon termination, Client shall pay Contractor for work performed and materials purchased up to the effective date of termination, subject to offsets for defective work.

CONFIDENTIALITY

Each party shall keep confidential all non-public business, technical and financial information disclosed by the other party in connection with this Agreement and shall not disclose such information to third parties except to employees, subcontractors, or agents who have a need to know and who are bound by confidentiality obligations no less protective than those contained herein. The obligations of confidentiality shall not apply to information that is: (a) publicly known through no breach of this Agreement; (b) rightfully received from a third party free of restriction; or (c) required to be disclosed by law or a binding order of a court or governmental authority, provided the disclosing party gives prompt written notice to the other party and limits disclosure to the extent legally required.

INSURANCE, INDEMNITY, AND LIENS

Contractor shall maintain commercial general liability and workers' compensation insurance in amounts customary for the industry and shall furnish certificates upon request. Contractor agrees to indemnify, defend, and hold Client harmless from and against claims, damages, losses and expenses (including reasonable attorney fees) arising out of Contractor's performance of the Work, except to the extent caused by Client's negligence. Contractor shall not permit mechanics' or materialmen's liens to remain outstanding for work performed under this Agreement; Contractor shall promptly discharge any lien not contested in good faith.

CHANGE ORDERS

Any change in the Scope of Work, materials, specifications, or schedule shall be made only by written change order signed by both parties. The change order shall set forth the change in work, the adjusted contract price, and any extension of time. Contractor shall not proceed with change order work without the required written authorization.

WARRANTIES

Contractor warrants that materials and workmanship furnished under this Agreement shall be free from defects for a period of months from the date of substantial completion, except for defects or failures arising from normal wear and tear, abuse, or conditions beyond Contractor's control. Contractor's sole obligation under this warranty shall be limited to repair or replacement of defective items at Contractor's option.

NOTICES

Notices under this Agreement shall be in writing and delivered personally, by certified mail (return receipt requested), or by commercial overnight courier to the addresses set forth below or such other address as a party designates by written notice.

Notice Address for Client Notice Address for Contractor

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflicts of law principles. Any legal action arising out of or relating to this Agreement shall be brought in the state or federal courts located in that State, and the parties consent to personal jurisdiction and venue in such courts.

ENTIRE AGREEMENT

This Agreement, including any exhibits, addenda, and written change orders signed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written. No modification of this Agreement shall be effective unless in writing and signed by both parties.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be modified or limited to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

Client Name:

By:

Date:

Contractor Name:

By:

Date:

What a Fencing Agreement Covers and When It’s Used

A Fencing Agreement is a written contract between adjacent property owners or between an owner and a contractor that defines responsibilities for constructing, maintaining, and financing a physical fence or boundary structure. Typical provisions allocate costs, set materials and dimensions, assign maintenance obligations, establish access or easement rights, and address dispute resolution and indemnity. The document can also specify required permits, inspection timelines, and whether the agreement will be recorded as an easement or covenant. Clear scope, timeline, and signatures reduce later disputes and support enforceability under state contract law.

Why a Written Fencing Agreement Matters

A written agreement protects all parties by setting expectations for cost, upkeep, liability, and legal remedies; it clarifies whether the fence creates an easement or remains a private structure, and it documents consent that supports enforcement and municipal compliance.

Who Typically Prepares and Signs a Fencing Agreement

The agreement is most often prepared by a property owner, a hired contractor, or a real estate attorney, depending on complexity and whether recording or easement language is required.

Homeowners sharing a boundary who split construction and maintenance costs and need clear written duties and cost allocation.
Commercial property owners or landlords who must coordinate fence work, insurance, and ongoing liability between tenants or neighbors.
Contractors or landscape firms supplying scope, materials, schedule, and payment terms when performing the fence installation.

Use a signed document to reduce ambiguity, support permit applications, and create evidence of consent for any recorded easement or maintenance covenant.

Common Signer Roles

Homeowner

A homeowner party will want clear cost-sharing, maintenance schedules, and dispute-resolution language. The homeowner should confirm property lines and obtain any required permits before signing; mismatched expectations are a common source of later claims.

Contractor

A contractor signs to accept scope, materials, schedule, and payment. Contractors should include clauses limiting liability for hidden conditions, require written change orders, and confirm local code and permit responsibilities before starting work.

Essential Clauses Every Fencing Agreement Should Include

A complete fencing agreement balances technical, legal, and administrative items so the parties know who performs, who pays, and how disputes are resolved.

Scope of Work

Describe materials, height, alignment, access, and site preparation. Specify drawings or exhibits and whether survey or boundary confirmation is required before work begins.

Cost Allocation

State exact payment splits, invoicing schedule, deposit amounts, and responsibility for overruns or change orders to prevent later disputes.

Permits and Code

Assign responsibility for building permits, inspections, and compliance with municipal zoning codes; specify who pays fines for code violations.

Maintenance & Repairs

Set routine maintenance obligations, triggers for repairs, and allocation of costs for damage, decay, or replacement over time.

Easement / Access

If access across property is needed for installation or future maintenance, include easement language and recording instructions to bind successors.

Dispute Resolution

Specify choice of law, jurisdiction, mediation or arbitration steps, and remedies for breach, including cost recovery and attorney fees if applicable.

Step-by-Step: How to Complete a Fencing Agreement

Follow these steps in order to reduce rework and legal risk when creating a fencing agreement.

01

Confirm property lines: Obtain a survey or confirm boundary markers.
02

Agree scope and cost: Document materials, dimensions, and payment terms.
03

Assign permits: Decide which party applies and pays for permits.
04

Sign and record: Execute signatures and record easement if required.

Digital Workflow Settings Recommended for eSigning

Configure a simple digital workflow to capture intent, attribution, and an audit trail consistent with ESIGN and UETA.

Field	Configuration
Authentication	Email link or SMS code; stronger ID for high-value projects
Routing Order	Sequential signing: owner → neighbor → contractor or parallel where agreed
Reminders	Auto reminders at set intervals to speed completion
Attachments	Include exhibits: survey, drawings, permit receipts

Typical Execution Flow for an Electronic Fencing Agreement

Electronic completion follows a sender-signature-audit sequence that documents consent and captures who signed and when.

Upload Document: Attach final agreement and exhibits.
Place Fields: Set signature, initials, and date fields.
Send to Signers: Email or link with authentication.
Capture Audit Trail: Retain timestamps, IP, and action log.

Platform and Integration Considerations

Use an eSignature platform that produces an audit trail, preserves the signed PDF, and supports the authentication level you need.

File Formats: PDF, DOCX accepted
Integrations: CRM and cloud storage support
Authentication: Email, SMS, or advanced ID

For recorded easements or complex multi-party workflows, choose a solution that integrates with your document storage, supports conditional fields, and retains a tamper-evident copy of the signed record.

Common Preparation Mistakes to Avoid

Vague scope or missing exhibit drawings that lead to differing expectations about fence location or materials.
Failing to obtain or confirm permits before construction, resulting in municipal fines or forced removal.
Not documenting cost-sharing mechanics or change orders, creating disputes over overruns and responsibility.
Skipping an easement or access clause when maintenance requires crossing a neighbor’s property.

Legal and Financial Risks of an Incomplete or Incorrect Agreement

Permit Fines: Municipal fines and stop-work orders

Boundary Disputes: Civil claims and potential removal costs

Unclear Liability: Insurance coverage disputes

Construction Lien: Lien filings for unpaid contractor bills

Recording Gaps: Easement not binding on successors

Contract Voidability: Ambiguity may render terms unenforceable

Typical Timelines and Administrative Deadlines

Track municipal permit windows, construction milestones, and recordation deadlines to avoid fines and ensure performance.

Permit Application:

Apply before work starts; municipal processing varies by jurisdiction

Project Start:

Begin on agreed start date to meet seasonal constraints

Completion Target:

Document final completion and inspection date in agreement

Inspection Deadline:

Schedule final inspection where required by permit

Recording/Easement:

Record easement promptly if parties agreed to bind successors

Key Project Milestones from Agreement to Closeout

A milestone sequence keeps parties aligned from negotiation through final inspection and any recording.

01

Negotiation

Agree on scope, cost, and exhibits

02

Permits & Approvals

Submit permit applications and obtain approvals

03

Construction

Install fence per agreed drawings and standards

04

Closeout & Recordation

Complete inspection, finalize payments, record easement if required

eSignature Pricing and Feature Comparison (vendor columns show typical starting prices and common capabilities)

Compare baseline pricing and feature availability; signNow is listed first. Feature availability and trial offers can vary by plan and region.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes (Business Premium+)	Yes	Yes	Yes	Limited
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Frequently Asked Questions About Fencing Agreements and eSigning

Answers to common practical and legal questions about completing, signing, and enforcing a fencing agreement in the United States.

Need help? Contact support

Can this agreement be e-signed?
Yes. Electronic signatures are legally valid under the federal ESIGN Act (15 U.S.C. ch. 96, 2000) and UETA in most states, provided you capture intent, consent, attribution, and retain a reproducible record.
Do I need a notary or witnesses?
Notarization is often required for recorded easements or when the document must be eligible for recording; witness requirements vary by state and by document type—check local recording office rules.
What permits are required?
Permit needs depend on municipal and county building codes; many cities require permits for fences over certain heights or for commercial properties—confirm with local building department before construction.
How do parties handle disputes?
Include a dispute-resolution clause specifying mediation or arbitration, choice of law, and venue to reduce litigation risk and clarify procedures for resolving disagreements.
Can I record the agreement to bind successors?
Yes if the agreement creates an easement or covenant; include recording instructions and have a properly acknowledged or notarized instrument for submission to the county recorder.
Which eSignature settings reduce future challenges?
Use identifiable authentication (email + SMS or ID verification), attach exhibits, capture an audit trail with timestamps and IP addresses, and retain a signed PDF to reproduce the record if needed.

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