What Is an Encroachment Agreement?
An encroachment agreement is a written contract between neighboring property owners that formally acknowledges and permits an existing encroachment to remain in place. These agreements provide a legal framework for managing situations where a structure, improvement, or landscape feature crosses a property boundary.
When Encroachment Agreements Are Used
- A building foundation, roof overhang, or awning extends over the property line
- A fence, wall, or driveway is located partially on the neighbor's property
- Landscaping, irrigation, or drainage systems cross property boundaries
- A title search or survey reveals an encroachment before a property sale
Key Agreement Terms
A well-drafted encroachment agreement addresses:
- Description of encroachment: Exact location, dimensions, and nature of the encroachment
- Permission terms: Whether the encroachment is permanent or must be removed at a specified trigger event
- Maintenance: Which party is responsible for maintaining the encroaching structure
- Insurance: Which party insures the encroaching structure
- Removal trigger: When the encroachment must be removed (e.g., when the structure is rebuilt or the property is redeveloped)
- Compensation: Whether the encroaching owner pays rent or other consideration
- Recording: The agreement is recorded to provide notice to future owners
Related Terms
- Encroachment — The physical intrusion the agreement addresses
- Easement — A related property right that grants use of another's land
- Encumbrance — The recorded agreement becomes an encumbrance on title
Barnes Walker Real Estate Attorneys
Barnes Walker's real estate attorneys draft and negotiate encroachment agreements for Florida property owners, resolving boundary disputes and protecting property rights. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC