This Agreement is dated _____________ between ____________ of ___________ ("First Party") and ________________ of _______________________ ("2nd Party").
Whereas:
(A) First Party is the owner of the Property described as _____________ ("First Party's Property");
(B) Second Party is the owner of the Property described as _______________ ("Second Party's Property");
(C) First Party and Second Party wish to erect a fence between their respective properties;
NOW in consideration of the mutual covenants and conditions hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
I. The parties agree to erect a Fence ("Fence") along the boundary line between the First Party's Property and Second Party's Property. The parties will use their best efforts to ensure that construction of the Fence commences on or before __________________ and is completed on or before __________________.
2. The parties agree to share the costs of the Fence equally. The parties acknowledge and agree that the Fence shall cost no more than $___________.
3. The Fence shall be constructed using _______ Materials and shall be constructed according to the plans and specifications attached hereto as Exhibit 1.
4. The parties agree to share equally in the cost of the fence, maintenance, upkeep and repairs of the Fence from time to time. To avoid any conflict on the issue, the parties agree to pay their 50% share of fence construction to the agreed upon contractor in advance of the work being done to be sure there are no lingering or left over costs associated with the initial construction project.
5. This Agreement shall inure to the benefit of and be binding upon the respective heirs, executors, administrators and assigns of each of the parties hereto.
6. This Agreement is sets forth the entire agreement between the parties relating to the subject matter hereof and stands in the place of any previous agreement, whether oral or in writing. The parties agree that no amendment to this Agreement shall be binding upon the parties unless it is in writing and executed by both parties. Any dispute must be brought in the state of _____________.
IN WITNESS WHEREOF this Agreement has been executed by the parties hereto as of the date above.
_________________ ________________
First Party Second Party
_________________ ________________
Witness Witness
Exhibit 1: Plans and Specifications of Fence
Fence Line AgreementReview List
This review list is provided to inform you about this document in question and assist you with its preparation. Boundary line issues are always sensitive. As a great country lawyer once told me, “Nothing gets people excited and contentious like boundary line and will disputes.” So a word to the wise: if you want to build a fence, be careful to get consensus and protect yourself further by doing it in advance. Be sure to get all the payments up front so you dont wind up dunning your neighbor or he/she doing the same to you.
1. Make multiple copies. Give one to each signatory. Keep one with the transaction or real estate file related to the subject matter.
2. Your actions should be guided by the thought, “Trust everyone but cut the cards.”
The fence cannot be outside your property line.
If the fence is on the legal, surveyed property line, then the line is official immediately.If the fence is not on the legal, surveyed property line, your state's doctrine of mutual acquiescence will determine if and when the fence will become the line. A real estate attorney in your area will be able to tell if you have a legitimate mutual acquiescence claim.
Typically you are not to build a fence anywhere past your property line.
A boundary is a restriction, a line of demarkation. That fence is the boundary between our property. The ball went outside of the boundary.
The centre of the fence posts are in line with the boundary. So the fence attached to the post may be on either side of the boundary line, depending on who owned the fence (especially important if dividing two gardens of semi-detached houses, where one owner may be responsible for the upkeep of the dividing fence - often shown in the deeds).
No, the neighbor cannot unilaterally remove the fence dividing the properties without your consent. Proper procedures and legal requirements need to be followed when making changes to the property boundaries, especially when it involves livestock containment and safety. It's best to discuss any concerns or potential solutions with your neighbor to come to a mutual agreement.
I'm guessing the person who bough the fence I'm guessing the person who bough the fence
draw a line from home plate accross second base to the fence. divide the line from second base to the fence in half.
no it still belongs to you. the fence just has to placed on your side of the line that's all. same for any fence your neighbor wants to build. the property line is still the property line
If the plants are on your property they may be planted along your neighbors fence. However, climbing plants that will grow over the fence cannot be planted along your neighbors fence. Caveat: Make sure your neighbor has not installed the fence "inside" their property line so it lies a short distance FROM the property line. That is the practice in some areas and is required by the city ordinances in some areas. In that case, the land along the fence would belong to your neighbor. You need to determine where the property line is located and not assume the fence is on the property line.
Yes, they can refuse. The fence is their property, so you must have permission to join their fence to yours. If not, you can build to the edge of your property line, leaving a gap between the two. You can have your property surveyed to determine your exact property line, and if their fence is on the line you can connect at those points only. You can also make them remove the fence if it's on your property.
Ask them to remove the heavy thing from your fence and to cover the costs of making the necessary repairs.