A encroachment occurs when a portion of adjoining real property owned by Owner A hangs over the property line of Owner B's premises or physically intrudes onto Owner B's premises. The actual structure that encroaches might be a portion of a building (as in this form), a tree, bush, fence, or other fixture. In this agreement, Owner B agrees to allow such an encroachment. However, this consent of Owner B shall remain in force and effect only so long as the present structure of Owner A remains standing.
Title: North Carolina Agreement Between Adjoining Landowners Regarding Encroachment of a Building Introduction: An essential legal document in North Carolina, the Agreement Between Adjoining Landowners Regarding Encroachment of a Building addresses the rights, responsibilities, and potential disputes that may arise when one property owner's building encroaches upon the adjacent property. This comprehensive agreement ensures a fair resolution and serves to prevent conflicts between neighboring landowners. In North Carolina, there are two main types of agreements: the Consent Agreement and the Prescriptive Right Agreement. 1. Consent Agreement: A Consent Agreement is a voluntary arrangement reached between two landowners in North Carolina when there is an acknowledged encroachment of a building onto an adjacent property. This agreement proactively establishes terms, conditions, and compensation related to such encroachment, ensuring that both parties can coexist harmoniously. It establishes a legal basis to prevent future disputes and offers a framework for resolving any potential issues that may arise. 2. Prescriptive Right Agreement: A Prescriptive Right Agreement is utilized when an encroachment has existed over a prolonged period and is based on the claim of prescriptive rights. In North Carolina, prescriptive rights may be established if certain criteria are met, including open, notorious, adverse, and continuous use of the encroached area for a specified statutory period. This agreement formalizes the prescriptive rights claimed by the encroaching landowner, outlining the rights and responsibilities between the parties involved. Key Elements of a North Carolina Agreement Between Adjoining Landowners: 1. Identification of Parties: — Names and contact information of both landowners involved in the agreement. — Legal description of the properties, including specific boundaries. 2. Encroachment Details: — Accurate description and documentation of the building encroachment onto the neighboring property. — Details about the specific area affected, including measurements and boundaries. 3. Terms and Compensation: — Terms and conditions regarding the use, maintenance, and access to the encroached area. — Compensation arrangements, including monetary payments, rent, or other mutually agreed-upon considerations. 4. Dispute Resolution: — Clear procedures for conflict resolution, such as mediation or arbitration, should disputes arise. — Impartial third-party involvement, if necessary, to help resolve disagreements between the parties. 5. Duration and Termination: — Agreement duration, specifying the period it remains in effect. — Conditions for terminating the agreement, such as a violation of terms or mutual consent. 6. Governing Law: — Confirmation that the agreement will be governed by the laws of North Carolina. — Any relevant statutes or regulations that may apply to the agreement. Conclusion: A North Carolina Agreement Between Adjoining Landowners Regarding Encroachment of a Building is a crucial legal document that minimizes conflicts and ensures peaceful coexistence between neighboring property owners. By establishing clear terms, responsibilities, and compensations through either a Consent Agreement or a Prescriptive Right Agreement, landowners can address potential encroachment issues efficiently and prevent disputes from escalating. It is essential to consult with legal professionals experienced in North Carolina real estate law to draft an enforceable agreement that protects the interests and rights of all parties involved.
