Definition of Encroachment Agreement

An encroachment agreement, as the name suggests, is a legal document that is used to determine the boundaries of a property and the rights of adjoining property owners. An encroachment occurs when one property extends into the boundary of another. This can happen in a variety of ways, such as a building or structure that is built over the boundary line, a fence or wall that is erected beyond the boundary line, or a tree that is planted beyond the boundary line.

In such cases, an encroachment agreement is necessary to clarify the rights and responsibilities of each party involved. The agreement typically outlines the terms of the encroachment, such as the size and location of the encroachment, the duration of the encroachment, and any compensation that may be required.

Encroachment agreements are typically used in situations where the encroachment is minor and does not pose a significant threat to the adjoining property. In such cases, the agreement may allow for the encroachment to remain in place with the understanding that the adjoining property owner will grant permission for repairs and maintenance.

However, in situations where the encroachment is significant, the agreement may require the removal of the encroaching object or structure. This can be a complicated process, particularly if the encroachment has been in place for a long period of time. In such cases, the agreement may also outline the process for resolving any disputes that may arise.

It is important to note that an encroachment agreement is a legal document and should be drafted by a qualified attorney with experience in real estate law. The agreement must be signed by both parties and should be filed with the appropriate government agency or recorded in the land records of the county where the property is located.

In conclusion, an encroachment agreement is a legal document that is used to clarify the rights and responsibilities of adjoining property owners in cases where an encroachment has occurred. It is important to seek the advice of a qualified attorney to ensure that the agreement is legally binding and enforceable. By doing so, property owners can avoid potential legal disputes and protect their property rights.

Scroll to Top