Encroachments & Party Wall Agreements.
Q: What are Encroachment Agreements and Party Wall Agreements?
A: Encroachment Agreements and Party Wall Agreements are types of written documents entered into between owners of neighboring properties. They are usually entered into in response to a land survey indicating that a wall or other improvement crosses the boundary line between two properties.
If a wall or other improvement is owned by one of the neighbors, an Encroachment Agreement would be entered into. If a wall or other improvement is agreed to be the property of both neighbors, a Party Wall Agreement would be entered into.
Often, both types of agreement will allow the wall or other improvement to remain and will provide terms for its maintenance and repair. These agreements would be signed by both neighbors and typically would be recorded. The terms of the agreements will continue to benefit and burden each property into perpetuity, unless the parties provide otherwise.
Q: What information do you need to prepare an Encroachment Agreement or Party Wall Agreement?
A: We need the following:
A perimeter survey and surveyor's report illustrating the location of the wall or other improvements involved and showing the area being encroached upon.
Statement from the neighbors as to whether the wall or other improvement that is encroaching is owned jointly by the neighbors or whether it is owned by one neighbor and encroaches onto the land of the other neighbor.
A title report for each property or if the owners do not have a title report, a copy of the current recorded deed by which each of the affected owners acquired title to their respective property. If an owner does not have the current recorded deed, we can obtain it for a nominal charge.