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Structure Exclusion Agreement

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STRUCTURE EXCLUSION AGREEMENT

This Structure Exclusion Agreement ("Agreement") is made effective as of by and between:

WHEREAS

WHEREAS, Property Owner is the owner of certain real property and improvements located at (the "Property"); and

WHEREAS, Owner and Counterparty desire to exclude from this Agreement certain structures, fixtures, or improvements described below and to specify ownership, removal, and financial responsibility with respect to those excluded items; and

WHEREAS, the parties intend that this Agreement govern the mutual rights related to excluded structures and shall survive or be incorporated into any related conveyance, lease, license, or development of the Property.

SCOPE OF WORK / EXCLUSIONS

The parties agree that the following structures, fixtures, or improvements (collectively, "Excluded Structures") are expressly excluded from transfer, conveyance, or responsibility under any related transaction unless otherwise stated in writing:

PAYMENT TERMS

In consideration for the obligations set forth in this Agreement, Counterparty shall pay Owner as follows:

Unless otherwise agreed in writing, amounts not paid when due shall accrue interest at the rate specified above and the non‑defaulting party may suspend performance until payment is made.

TERM AND TERMINATION

This Agreement shall commence on and shall continue until unless earlier terminated in accordance with this Section.

Either party may terminate this Agreement for material breach by the other party upon days' written notice and failure to cure within the cure period. Termination shall not relieve either party of obligations accrued prior to termination.

CONFIDENTIALITY

Each party acknowledges that information disclosed pursuant to this Agreement concerning the Excluded Structures, pricing, remediation plans, or technical specifications may constitute Confidential Information. Confidential Information shall be kept confidential and used only for performance under this Agreement for a period of years following termination, except to the extent disclosure is required by law or court order, provided the disclosing party is given prompt notice of such requirement.

INDEMNIFICATION

Each party shall indemnify, defend, and hold the other harmless from and against any third‑party claims, liabilities, losses, damages, and expenses (including reasonable attorneys' fees) arising from that party's negligence, willful misconduct, or breach of this Agreement in relation to the Excluded Structures.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of laws principles.

ENTIRE AGREEMENT; AMENDMENT

This Agreement (including the exhibits and schedules, if any) constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, and agreements, whether written or oral. This Agreement may be amended only by a written instrument signed by both parties.

MISCELLANEOUS

If any provision of this Agreement is found to be invalid or unenforceable, the remainder shall remain in full force and effect. The parties agree that remedies at law for any breach may be inadequate and either party may seek equitable relief in addition to other remedies.

Property Owner / Excluding Party:

By:

Date:

Counterparty / Receiving Party:

By:

Date:

Enter text✕

What a Structure Exclusion Agreement Is

A Structure Exclusion Agreement is a written contract that explicitly removes specified buildings, improvements, or fixtures from coverage, transfer, or contractual obligations. Commonly used in real estate transactions, insurance policies, and construction contracting, it sets a precise description of excluded structures, the effective date of exclusion, the parties who consent, and any exhibits or maps that identify the excluded items. The agreement reduces ambiguity about responsibilities, title implications, and insurance coverage and is typically recorded or attached to primary transaction documents when it affects property rights.

Why parties use a Structure Exclusion Agreement

It clarifies which structures are not covered or transferred, limits potential liability, and documents mutual consent. That clarity helps insurers, buyers, sellers, or contractors avoid later disputes over claims, repair obligations, or title encumbrances while providing a written record for audits and closing files.

Why parties use a Structure Exclusion Agreement

Who typically creates and signs this agreement

Several roles commonly prepare or sign structure exclusion language depending on the transaction type.

  • Real estate sellers and buyers who exclude specific outbuildings or additions from a conveyance or closing adjustments.
  • Insurance underwriters and policyholders who remove particular improvements from coverage to limit premium exposure or carve out high-risk items.
  • Contractors and project owners who exclude existing structures from scope when issuing change orders or final releases.

Each signer should have authority to bind their party and should review attachments that identify excluded items.

Core elements to include in a professional agreement

A complete Structure Exclusion Agreement contains precise descriptions, effective dates, and signature blocks plus exhibits that visually or legally identify excluded items.

Parties

Clear legal names and capacity (individual, LLC, trustee) for every signatory so obligations bind the intended entities.

Excluded Items

Definitive list and legal description of each structure, including address, parcel ID, and any identifying measurements or serial numbers.

Effective Date

Exact date when the exclusion takes effect; this determines coverage windows and statute of limitations triggers.

Consideration

Statement of consideration or mutual promises that make the exclusion enforceable under contract law.

Exhibits

Attach maps, photographs, or surveys as exhibits to avoid ambiguity; mark excluded structures clearly on any plat or diagram.

Execution

Signature blocks, dates, and any required notarization or witness lines for recording or insurance acceptance.

Step-by-step completion checklist

Follow these steps in order to prepare and finalize a Structure Exclusion Agreement without common process gaps.

  • 01
    Gather documents: Collect deed, survey, insurance declarations, and permit records.
  • 02
    Draft exclusions: List structures and attach maps or photos as exhibits.
  • 03
    Review and negotiate: Confirm consideration and any insurer or mortgagee consents.
  • 04
    Execute and record: Sign, notarize if required, and file or distribute final copies.

Configuring an online signing workflow

Set up routing, authentication, and notifications for a smooth digital signing experience.

Field Configuration
Signature Mode Electronic signature with audit trail
Authentication Level Email link or SMS code; use MFA for higher assurance
Routing Order Sequential or parallel signer ordering
Template Save Save as reusable template with attached exhibits

Typical document routing and completion flow

A standard electronic workflow reduces turnaround and ensures a recorded audit trail for each action.

  • Upload: Upload the agreement and add exhibits to the file.
  • Place fields: Insert signature, date, and initial fields where required.
  • Send to signer: Email or generate signing link for each party.
  • Finalize: Collect signatures, attach notarization if required, and save the executed copy.

Technical considerations for e-signing and e-filing

Confirm the platform supports required file types, signer authentication, and audit trails before sending.

  • File formats: PDF and DOCX are standard for recording and archival.
  • Integrations: Look for storage links to Box, Google Drive, or NetSuite.
  • Security: Encryption in transit and at rest is essential.

Ensure the chosen provider supports notarization workflows or RON if notarization is required by the jurisdiction.

Typical timing and turnaround expectations

Timing varies by transaction and whether recording, insurer consent, or lender approval is required.

Document execution window:

Aim to have all signatures within 14–30 days of draft finalization.

Notarization timing:

Complete notarization at signing if the agreement affects title or recording.

Recording timeframe:

Record within local county timelines if the exclusion must be public.

Insurer notice:

Notify insurer promptly; policy changes may have waiting periods.

Lender consent:

Obtain mortgagee consent early to prevent closing delays.

Key milestones from draft to recorded agreement

Track these milestones sequentially to keep the process on schedule and auditable.

01

Draft prepared

Create the initial exclusion language and attach exhibits.

02

Review completed

Parties and counsel confirm wording and consideration.

03

Execution event

All signers sign in presence of required witnesses/notary.

04

Record and distribute

File with recorder and send final copies to stakeholders.

Common mistakes that cause delays or disputes

  • Vague descriptions of excluded structures that leave parties disputing whether an item is included.
  • Failure to attach clear exhibits or survey references that identify the excluded items on the parcel.
  • Not obtaining insurer, mortgagee, or lienholder consents when required under policy or loan documents.
  • Skipping notarization or required witness signatures before recording or transmitting to third parties.

Risks and consequences of an incorrect or incomplete agreement

Invalid exclusion: May be unenforceable
Insurance denial: Claims may be rejected
Title issues: Recording errors can cloud title
Contract disputes: Leads to litigation risk
Financial exposure: Unexpected repair or liability costs
Administrative fines: Local recording or notary penalties

Required data elements to include in the agreement

Party Names: Full legal names
Addresses: Street, city, state, ZIP
Legal Description: Parcel or lot description
Excluded Items: Detailed identifiers
Execution Dates: Signature and effective dates
Notary Info: Notary block and jurisdiction

eSignature vendor comparison for completing the agreement

Common capability and pricing differences between leading eSignature vendors; signNow is listed first as the starting column.

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 Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions and practical answers

Answers to common execution, notarization, recording, and enforceability questions for Structure Exclusion Agreements.


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