Party Wall Agreements.
Q: What are encroachment agreements and party wall agreements?
A: Encroachment agreements and party wall agreements are types of agreements between neighbors.
These are usually created in response to a land survey indicating that a wall or other improvement crosses the boundary line between two properties. An encroachment agreement is used when the parties determine that the wall or other improvement is owned by one neighbor and it encroaches onto the property of the other neighbor. A party wall agreement is used when the parties agree that the wall or other improvement located on the boundary is owned by both of the neighbors, and they wish to have an agreement as to joint ownership and duties of repair and maintenance. These agreements typically (but not necessarily) are intended to continue forever and run with the land.
Q: What information should I provide in order for you to prepare an encroachment agreement or party wall agreement?
A: We typically need the following information to prepare an encroachment agreement or party wall agreement:
A perimeter survey sketch and surveyor's report illustrating the location of the wall or other improvements involved and showing the boundary being encroached upon.
Statement from the neighbors as to whether the wall or other item that is encroaching is owned in common with a neighbor or whether such item is owned by one neighbor and encroaches onto the land of the other neighbor.
A title report or if you do not have a title report, the recorded conveyance or transfer document (such as a deed or assignment of lease) by which the present owner of each property affect acquired title to the property. If you do not have the recorded document, we can obtain it for a nominal charge.