Real Estate Ownership

Encroachment Agreement

Greg Stone Greg Stone
How To Use

This 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.

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 Attached