Agreement Between Adjoining Landowners Regarding Encroachment of Trees or Bushes
What is this form?
This Agreement Between Adjoining Landowners Regarding Encroachment of Trees or Bushes is a legal document that outlines an arrangement between two neighboring property owners. It specifically addresses situations where trees, bushes, or other structures from one property protrude onto the adjacent property. The agreement allows the encroaching plants to remain, detailing the rights and responsibilities of both parties involved. This form stands apart from general property agreements by focusing specifically on plant encroachment and the mutual consent between landowners.
Main sections of this form
- Identification of both property owners, including names and addresses.
- Legal descriptions of the properties involved.
- Details regarding the specific trees or bushes causing the encroachment.
- A provision that the agreement remains valid as long as the encroaching plants are present.
- Signatures of both property owners to acknowledge the agreement.
- Notary acknowledgment to enhance legal enforceability.
When this form is needed
This form is useful in situations where one property owner's trees or bushes extend over the property line and could potentially lead to disputes. It is ideal for landowners who recognize the encroachment but wish to formalize an understanding regarding the plants' continued presence. This agreement can help prevent future conflicts by clarifying the rights and consent between the two parties, thereby promoting neighborly relations.
Who this form is for
- Homeowners with adjoining properties experiencing encroachment issues.
- Real estate agents facilitating property transactions involving nearby land.
- Landowners interested in maintaining good relations with their neighbors while clarifying property boundaries.
- Property owners looking to avoid litigation related to encroachment disputes.
How to complete this form
- Identify and enter the names and addresses of both property owners at the beginning of the agreement.
- Provide the legal descriptions of each property being discussed.
- Describe the trees or bushes that are encroaching, specifying their location and extent of encroachment.
- Include the duration of this agreement, stating that it remains valid as long as the encroaching plants are present.
- Both owners should sign the agreement and arrange for notarization, if required by state law.
Notarization requirements for this form
This form needs to be notarized to ensure legal validity. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call, available anytime.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Mistakes to watch out for
- Failing to provide accurate legal descriptions of the properties.
- Not clearly identifying the specific plants involved in the encroachment.
- Not obtaining signatures from both parties or notarization when necessary.
- Neglecting to specify when the agreement is valid or when it terminates.
Benefits of completing this form online
- Convenience of downloading and customizing the form to meet specific needs.
- Reliability of professionally drafted content by licensed attorneys.
- Immediate availability without the need to schedule meetings or consultations.
- The ability to edit the document to address unique circumstances before finalizing.
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FAQ
Have a Professional Land Survey Done. Talk Things Out and Offer Concessions. Seek Mediation or a Neutral Third Party. If all else fails, hire a qualified real estate attorney.
As a last resort, if you feel confident that your property is being encroached upon, you can file a claim in court and ask a judge to decide the boundariesbut the more you involve the legal system, the more cost you will incur.
By suggesting that one party or the other should apply to the Revenue Officer to fix the limits, under section 101 (1) of the Punjab Land Revenue Act. by appointing a local Commissioner, and. by the Court itself making a local enquiry.
If you think your neighbour's tree is dangerous, you can report it to the council - for example if you think it might fall over. They might ask the owner to make it safe or deal with it themselves. Search for 'trees' on your council's website to find which department to contact.
A Land Survey Works Wonders for Boundary Disputes. If you feel like your neighbor has or is developing on top of your land, you may want to get a professional land survey. Talk it Over and Offer Concessions. Bring on a Neutral Third Party. Hire a Qualified Estate Attorney.
When you file a nuisance lawsuit against your neighbor, you essentially make the claim that your neighbor's actions are interfering with the enjoyment of your property. Nuisance claims are considered either private or public.A nuisance typically involves non-physical elements, such as odors or sounds.
A Land Survey Works Wonders for Boundary Disputes. If you feel like your neighbor has or is developing on top of your land, you may want to get a professional land survey. Talk it Over and Offer Concessions. Bring on a Neutral Third Party. Hire a Qualified Estate Attorney.
A neighbor will not own the part of a structure that encroaches on their land. Instead, the encroachment will be viewed as an act of trespass. Also, although the neighbor will be able to sue that person for trespass, they will not automatically gain legal title to the portion of the building that is now on their land.
You can cut back any overhanging branch that comes into your property. However, the cut branch(es), and any fruit or flowers attached to the branch(es) remain the property of the tree owner and must be returned. If the tree has a Preservation Order on it then you cannot cut/pare any branches.
