RIGHT OF WAY ENCROACHMENT AGREEMENT - Fort Worth, Texas ... 2026

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The document is a Right of Way Encroachment Agreement between the City of Fort Worth and a homeowner, allowing the homeowner to construct improvements that encroach upon public rights-of-way. It outlines the responsibilities of both parties, including compliance with city regulations, maintenance of utilities, insurance requirements, and conditions for termination of the agreement. The agreement emphasizes that it does not convey any ownership rights to the public right-of-way and includes provisions for indemnification and liability.

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Click ‘Get Form’ to open the RIGHT OF WAY ENCROACHMENT AGREEMENT in the editor.
Begin by entering your name and address in the designated fields for the Licensee. This identifies you as the homeowner seeking permission for encroachment.
In the section labeled 'Improvement(s)', provide a detailed description of the encroachment you wish to install. Be specific about its nature and location.
Review any attached Exhibit 'A' that outlines additional details regarding your proposed improvements. Ensure all information aligns with your description.
Complete the fee section by entering the application fee of $275.00 and any annual fees based on square footage as required.
Sign and date the agreement at the bottom, ensuring all parties involved have their signatures where indicated.

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What is encroachment in Texas?

Encroachment occurs when a structure or object is built on or extends into someone elses property without permission. This is a common property dispute. It can be something small, like a neighbors fence crossing your boundary. It can also be serious, like a driveway cutting through your land.

What to do if a neighbor is encroaching 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.

What does an encroachment agreement do?

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.

agreement parties agree

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What happens if a survey shows an encroachment?

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.