Encroachment Agreement
Encroachment Agreement
This Agreement dated _________ between ______________ (“Licensee”) of _________________ and _________________(“Licensor”) of __________________.
Whereas the Licensee is the owner of the property municipally known as ____________
(“Licensee’s Property”);And the Licensor is the owner of the property municipally known as __________________ (“Licensor’s Property”);
And the Licensee wishes to obtain the right to encroach upon the Licensor’s property specifically for the purposes set out below;
And the Licensor is prepared to permit such encroachment, strictly in accordance with the terms and conditions hereof,
In consideration of these premises and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Licensor hereby licenses and permits Licensee to but only in accordance with the sketch of survey attached to this Agreement and marked as Exhibit 1 (the “Encroachment”).
2. Licensee shall not acquire any right, title or interest in or to Licensor’s Property or the portion thereof affected by the Encroachment, except the right to maintain the Encroachment in accordance with the terms and conditions of this Agreement.
3. Licensee hereby agrees to remove the Encroachment upon receipt of sixty days prior written notice from Licensor requesting Licensee to remove the same.
4. This Agreement shall inure to the benefit of, and be binding upon the parties hereto, and their respective heirs, executors, successors and assigns.
5. Licensee shall pay Licensor $ ______ per month for these rights, with the payment due on the first of each month.
6. This is the entire agreement between the parties. Any changes must be made in writing and signed by both parties. Any disputes must be brought in the state of _____________.
IN WITNESS WHEREOF this Agreement has been executed by the parties hereto as of the date above.
___________ _____________
Licensee Licensor___________ _____________
Witness Witness
Exhibit 1 AttachedEncroachment Agreement
Review ListThis review list is provided to inform you about this document in question and assist you in its preparation. The name is old fashioned but describes accurately the activity of encroaching on someone’s property and paying accordingly. This can be for a concession or any other such activity.
1. Make multiple copies. Give one to each signatory. Keep one with the transaction file.
Frequently Asked Questions
What is an encroachment agreement?
An encroachment agreement is a legal contract between a property owner (the Licensee) and an adjacent property owner (the Licensor) that permits the Licensee to encroach upon the Licensor's property for specified purposes. The agreement outlines the terms and conditions of the encroachment, including its scope and duration. It is used when a structure or improvement extends onto a neighboring property.
Who are the parties involved in an encroachment agreement?
The parties are the Licensee, who owns the property that benefits from the encroachment, and the Licensor, who owns the property being encroached upon. The agreement identifies both parties by name and address, as well as the municipal addresses of their respective properties. This clear identification ensures that the correct parties are bound by the agreement.
What rights does the Licensee receive under an encroachment agreement?
The Licensee receives a license and permission to encroach upon the Licensor's property, but only in accordance with the sketch of survey attached as Exhibit 1. The Licensee does not acquire any right, title, or interest in the Licensor's property, except the right to maintain the encroachment as specified. This means the Licensee's rights are limited to what is expressly granted in the agreement.
Does an encroachment agreement transfer ownership of the encroached-upon land?
No, an encroachment agreement does not transfer ownership. The agreement explicitly states that the Licensee shall not acquire any right, title, or interest in or to the Licensor's property or the affected portion, except the right to maintain the encroachment. The Licensor retains full ownership of their property.
What is Exhibit 1 in an encroachment agreement?
Exhibit 1 is a sketch of survey attached to the agreement that defines the specific area of the encroachment. The Licensee's right to encroach is limited to what is shown in this exhibit. It serves as a visual reference to ensure both parties understand the exact location and extent of the encroachment.
What is the purpose of an encroachment agreement?
The purpose is to formalize permission for a property owner to encroach onto a neighbor's land, typically when a structure or improvement unintentionally or necessarily extends over the property line. It protects both parties by clarifying rights and preventing disputes. The agreement ensures the encroachment is legally permitted and maintained under specific conditions.
Can a Licensor revoke an encroachment agreement?
The article does not specify whether the Licensor can revoke the agreement. It states that the Licensor permits the encroachment strictly in accordance with the terms and conditions of the agreement. Any revocation would depend on the specific terms outlined in the full agreement, which are not detailed in the provided text.
What happens if the Licensee fails to comply with the encroachment agreement?
The article does not address the consequences of non-compliance. It only states that the Licensee must maintain the encroachment in accordance with the terms and conditions of the agreement. Remedies for breach would typically be specified in the full agreement, which is not included in the provided text.
Is an encroachment agreement legally binding?
Yes, an encroachment agreement is a legal contract between the Licensee and Licensor. It is dated and signed by both parties, and it outlines the rights and obligations regarding the encroachment. As a contract, it is enforceable under the law, assuming it meets all legal requirements.
How long does an encroachment agreement last?
The provided article does not specify the duration of the encroachment agreement. The agreement's term would be determined by the specific terms and conditions set out in the full document, which are not detailed in the excerpt. Parties should refer to the complete agreement for duration details.
Nice!!!! I love it . My husband was so surprise. He tought i was the one created it. haha
It’s what i have been looking for this pass few days. Im glad i’ve visited your site.
Me gusta.I really need this one since im not that good in writing english.
OH MY GOD!! I WANT THIS Printable Form . Just what im looking for.
holy crap this is awesome!!! I don’t need to register or pay any registration just to have one.
oh my god, I love you, this is amazing, and just what I needed! , they’re awesome
Thanks! Awesome work you did here.Im glad i found your site.
Wonderful blank template you have here.
great set of printable forms around your site.
Beautiful work and nicely accomplished!