Encroachment Agreement

[MelPurvis]

What is the name of your state? Pa.
The neighbor behind me is relocating her fence against mine. My fence is inset 6" from my lot line. Her original fence was inset 1 foot inside her property line. This left 18 inches that were next to impossible to maintain. She has asked for and received my permission to relocate the fence but I want to make sure that somewhere down the road she will not be able to claim the property as hers.

1.Is the survey enough to retain possesion or should I draw up some type of encroachment agreement?

2. If needed is the agreement something I can compose myself?

3. What are my options if she has a problem with signing it as I have given her permission already?

Thank You

P.S. I get a kick reading these boards. IAAL and HG crack me up!

 

[I AM ALWAYS LIABLE]

My response:

Answers to the "G-Man" questions - -

1. No.

2. Sure.

3. Oral permission to use real estate property is unenforceable. Any such agreement MUST be in writing. So, it doesn't matter that you already gave her "permission." You tell her either sign this paper, or risk a lawsuit for encroachment, quiet title, civil trespass and damages.

You can find all sorts of different encroachment agreements on the Internet. Run a search, find one, and "massage it" to meet your needs. Tell her it needs to be notarized and recorded at your city hall, all of which such fees shall be paid by her. Remember, also, in order for the agreement to be valid, some "lawful consideration" must pass from her to you, in exchange for the use of your land - - say, $10.00. Also, make sure you put a "cap" on how many years she can use the land.

Thanks for the compliment. We enjoy the law and being goofy.

IAAL aka "Baby Face" Nelson