Agreement between Adjoining Landowners Regarding Construction along Common Boundary and Fixing Liability for Damage
What this document covers
This form is an Agreement between Adjoining Landowners Regarding Construction along Common Boundary and Fixing Liability for Damage. It is designed to document the understanding between two adjacent property owners when one plans to conduct construction or excavation that may affect the otherâs property. This agreement outlines the responsibilities and liabilities that arise during such construction activities, distinguishing it from general construction contracts or other real estate forms.
Form components explained
- Date of the agreement
- Names and addresses of the parties involved
- Description of the property affected
- Details of the proposed excavation and construction
- Liability clauses regarding any potential damage
- Signatures of both parties
When to use this form
This form should be used when one property owner intends to undertake construction or excavation close to the boundary line with an adjoining property. It is particularly important in cases where the construction may risk damaging the neighboring property, such as when digging foundations or engaging in significant remodeling efforts. Having a clear agreement helps both parties understand their rights and responsibilities and prevents potential disputes.
Who can use this document
- Property owners planning construction near an adjoining property
- Land developers needing to excavate near state and local property lines
- Contractors working on behalf of property owners
- Homeowners concerned about the impact of nearby construction
How to prepare this document
- Identify the parties: Enter the names and addresses of both the Excavator and the Adjoining Owner.
- Specify the property: Clearly describe the properties involved, including addresses and boundaries.
- Detail the excavation plans: Describe the type of construction and the depth and extent of the excavation.
- Set liability terms: Ensure both parties agree on the responsibilities and liabilities for potential damage and sign the agreement.
- Record the date and obtain signatures: Fill in the date of the agreement and have both parties sign and print their names.
Is notarization required?
Notarization is not commonly needed for this form. However, certain documents or local rules may make it necessary. Our notarization service, powered by Notarize, allows you to finalize it securely online anytime, day or night.
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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 clearly define the scope of excavation and construction.
- Not including specific details about liability coverage.
- Omitting dates or signatures, which can invalidate the agreement.
- Neglecting to consult local zoning laws that may affect construction.
Benefits of completing this form online
- Convenience: Easily access, download, and fill out the agreement from anywhere.
- Editability: Tailor the form to specific circumstances and details as needed.
- Reliability: Ensure you have a legally sound document created by licensed attorneys.
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FAQ
If the nuisance has stopped, can I still sue my neighbor? Yes. If the neighbor has stopped the activity or behavior that was the nuisance, you may still recover damages for the past existence of the nuisance. CAL.
Filing a Lawsuit to Stop Your Neighbor's Construction If you are unsatisfied with the decision of your local planning board or if your neighbor continues to damage your property, then you may file a civil suit for an injunction. An injunction would prevent your neighbor from continuing with his construction.
The short answer is yes, subject to serving a valid notice and following the processes set out in The Party Wall Act. The party wall act only applies to structures (ie: a wall with a foundation), it does not apply to timber fences or other screens.
Start by talking to your neighbour and asking them to check if their insurance will cover the damage. They will need to lodge a claim with their insurance provider. If you're submitting a claim to your neighbour's home insurance provider, you'll need to prove that the damage was, in fact, their fault.
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.
Who owns the dividing fence? In most states, if you and your neighbour are both owner-occupiers, you share equal responsibility for the dividing fence on your land. Generally, that means you pay an equal share of the cost of a 'sufficient' fence. The definition of 'sufficient' differs from state-to-state.
FREQUENTLY ASKED QUESTION. Fence ownership: Who owns which fence? Is it true that every house owns the fence on its left side, as you look at it from the street? There is no general rule about whether you own the fence on the left or the fence on the right of your property.
The Neighbour Consultation Scheme or Larger Home Extension scheme allows home owners to build a single storey extension to: A terraced house and semi-detached house can be extended up to 6 metres and a detached house up to 8 metres from the original house. However, your neighbours do have the right to object to this.
Although it is recommended that you first try to resolve any problems by talking the issue through with your neighbour, or by using mediation, your local council has a duty to investigate noise from a building project if it is deemed to be damaging to health or a nuisance, known as a statutory nuisance.
