Encroachment agreement form 2025

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  1. Click ‘Get Form’ to open the encroachment agreement form in the editor.
  2. Begin by filling in your name and the developer's name at the top of the form. Ensure that all names are spelled correctly for legal purposes.
  3. Enter the project address, including unit/bay number and civic address. This information is crucial for identifying the location of the encroachment.
  4. Specify the date of application and access code if applicable. This helps track your application timeline.
  5. Indicate the type of structural encroachment by selecting from options such as eaves, deck, footing, landing, posts, cantilever, steps, or foundation. Provide distances for each selected item.
  6. Attach a site plan dated appropriately to support your application. This visual aid is essential for approvals.
  7. Complete the required approvals section by checking 'Approved' or 'Not Approved' for each entity listed and providing any necessary comments.
  8. Finally, sign and date where indicated as the applicant. Ensure all signatures are collected before submission.

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Property owners who are open to this type of compromise can negotiate an encroachment agreement, which is a formalized contract allowing the neighbor to continue using the encroached area under clear terms and conditions, such as maintenance responsibilities and liability protections.
Examples of encroachment are: A tree on your neighbors property has branches that extend over your property, shedding leaves that you must clean up. Your neighbor builds a fence that is completely or partially on your property. Your neighbor builds a pathway or driveway that is on your property.
When a neighbor encroaches on your property, start by reviewing your survey and property deed. Communicate concerns clearly and document all interactions. If the neighbor refuses to remove structures like retaining walls or sheds, legal options include seeking a boundary agreement or filing a quiet title action.
Go To Court With The Encroachment At this point, its probably a good idea to get a real estate attorney involved. A judge may grant an easement or make a judgment on the value of the encroached property for the purposes of a sale.
Clearly describe the encroachment and how it is affecting your property. Include specific details about the location and extent of the encroachment. Provide evidence from property deeds, surveys, plat maps, or other relevant documentation. Assert your property rights firmly.

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A property owner may file a lawsuit to seek a court order requiring the removal of the encroachment or to obtain compensation for any damages caused by the encroachment. In some cases, the court may also issue an injunction preventing the encroaching party from continuing to use the disputed land.

encroachment agreement example