Fence Encroachment Agreement: All You Need to Know
When it comes to property ownership, a fence can be a source of both security and conflict. In some cases, property owners may build a fence without realizing that the fence actually encroaches on their neighbor`s property. This can lead to disputes and legal complications that can be difficult to resolve. Fortunately, there is a legal solution called a fence encroachment agreement.
A fence encroachment agreement is a legally binding contract between two property owners that outlines the terms of a fence that straddles their property lines. In essence, it is an agreement that allows a property owner to legally encroach on their neighbor`s property with a fence, as long as both parties are in agreement with the arrangement.
The agreement usually includes details about the location, dimensions, and materials of the fence, as well as any maintenance or repair responsibilities. It may also include provisions regarding the ownership and use of the fence, insurance and liability, and the resolution of any disputes that may arise.
It is important to note that a fence encroachment agreement is not a license for one property owner to simply build a fence on their neighbor`s property without consent. Rather, it is a cooperative effort between both parties to formally establish the terms of a shared fence.
In order to draft a fence encroachment agreement, it is recommended that both parties consult with a real estate attorney to ensure that all legal requirements are met. The agreement must also be signed and notarized by both parties to be legally enforceable.
In conclusion, a fence encroachment agreement is a valuable tool for property owners who wish to peacefully resolve disputes and avoid legal complications with shared fences. By establishing clear terms and responsibilities, both parties can enjoy the benefits of a fence without the stress and uncertainty of potential conflicts.