Agreement between Adjoining Landowners Granting Permission to Install Foundation Under Adjacent Real Estate
Overview of this form
This Agreement between Adjoining Landowners Granting Permission to Install Foundation Under Adjacent Real Estate allows neighboring property owners to formalize consent for construction activities that may affect shared boundaries. This legal document differs from other property agreements by specifically addressing the permission needed for the installation of a foundation under an adjoining property. It protects the rights and responsibilities of both parties during construction.
Form components explained
- Identification of the parties involved, including their property addresses.
- Description of the properties and the specific boundary lines involved.
- Details on the excavation and foundation construction, including depth and materials.
- Agreement on minimizing damage to the adjoining property and responsibility for repairs.
- Provision for binding arbitration to resolve any disputes that arise.
- Signatures of both parties with acknowledgment of the agreement.
Common use cases
This form is essential when one property owner intends to build a structure close to their property line that requires excavation or foundation work on a neighbor's land. Situations may include constructing a wall, adding an extension, or any project where the foundation will be beneath the adjoining land. Having a written agreement helps in preventing potential disputes and clarifying each party's rights and obligations.
Intended users of this form
- Adjacent landowners planning construction that impacts shared boundaries.
- Individuals seeking legal protection for excavation and foundation work.
- Property owners needing a formal agreement to prevent disputes with neighbors.
- Contractors or builders coordinating projects that involve multiple properties.
How to prepare this document
- Identify the parties involved by entering their names and addresses.
- Describe the properties by including their legal descriptions and how they are adjacent.
- Specify the details regarding the excavation and foundation, including depth and width.
- Include provisions regarding repair obligations and minimizing damage.
- Ensure both parties sign and date the agreement in the designated spaces.
Does this form need to be notarized?
To make this form legally binding, it must be notarized. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session.
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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.
Typical mistakes to avoid
- Failing to accurately describe the properties involved in the agreement.
- Omitting important construction details, such as depth and width of the foundation.
- Not specifying repair obligations, leading to future disputes.
- Neglecting to have all parties sign the document properly.
Why use this form online
- Convenience of downloading and completing the form at your own pace.
- Editability, allowing you to tailor the agreement to your specific situation.
- Reliability, as the forms are drafted by licensed attorneys to ensure legal compliance.
Legal use & context
- This agreement serves to clarify permissions and responsibilities between adjoining landowners.
- It can help to avoid disputes related to property boundaries and construction activities.
- Ensure the form is consistent with state laws regarding property rights and construction.
Main things to remember
- This form formalizes the permission for construction work that affects neighboring properties.
- Real estate owners are encouraged to use this agreement to prevent potential disputes.
- Completing the form accurately is crucial to ensure mutual understanding and legal protection.
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FAQ
Generally, if you go onto to your neighbours land without their permission, you are trespassing. However, if you wish to repair your home, you may go onto your neighbours land without getting their permission. Before going on your neighbours land, you should still ask their permission.
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.
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.
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.
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.
Simply put, if your neighbour wants to build a new structure, you don't have to say yes. The work must relate to the preservation of an existing structure, not a new structure currently being built or any future planned structure. Any structure that has already been built means that they could gain access.
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. They have a 21 day period in which they can give valid reasons as to why they believe the extension should not be built.
Lateral support exists when the adjoining lands are side-by-side. It is the right of the land to be naturally upheld by its neighboring land(s) and supported against subsidence, i.e. slippage, cave-in or landslide. Subjacent support exists when the adjoining lands are above and below.
