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 (like eaves), 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.
When it comes to property boundaries and potential disputes between neighboring landowners, a New York Agreement Between Adjoining Landowners Regarding Overhanging Eaves can serve as a useful tool to establish guidelines and avoid future conflicts. This legally binding agreement addresses the issue of eaves or structures that protrude into the airspace of adjacent properties. By containing specific clauses and provisions, this agreement ensures clarity and mutual understanding between landowners. Here are some aspects to consider when drafting a New York Agreement Between Adjoining Landowners Regarding Overhanging Eaves: 1. Purpose and Parties: Clearly state the purpose of the agreement, acknowledging the adjoining landowners involved. Include accurate descriptions of the properties and their respective addresses to avoid any confusion. 2. Definitions: Provide definitions for critical terms such as "eaves," "encroachment," and "premises" to ensure clarity and minimize any potential interpretation errors later on. 3. Consent: Specify that the adjoining landowners voluntarily agree to the terms and conditions mentioned in the agreement, fully understanding their rights and obligations. 4. Overhanging Eaves: Describe the specific types of eaves or structures covered by the agreement, such as roof overhangs, canopies, gutters, or balconies. This helps establish the extent of the encroachment permitted or limited by the agreement. 5. Access and Maintenance: Address the maintenance responsibilities associated with the overhanging eaves, including maintenance costs, periodic inspections, and who bears the responsibility for repairs or improvements. This helps ensure that both parties share the burden fairly. 6. Indemnification and Liability: Discuss the liability of each party in case of damage resulting from the overhanging eaves, outlining each party's obligation to indemnify and hold harmless the other party from any claims or losses arising out of the agreement. 7. Insurance Requirements: Consider including a section that outlines the insurance coverage obligations of each party, ensuring that they maintain adequate property insurance to protect against potential risks. 8. Term and Termination: Specify the duration of the agreement and include provisions for termination or modification in specific instances, such as property transfers or architectural modifications that may affect the overhanging eaves. 9. Governing Law: Clearly state that the agreement is governed by the laws of New York, ensuring all legal disputes will be resolved according to the state's jurisdiction. It's important to note that while the guidelines outlined here provide a comprehensive overview, it is essential to consult legal professionals experienced in property law when drafting a New York Agreement Between Adjoining Landowners Regarding Overhanging Eaves. Different variations of this agreement may exist, such as specific agreements for commercial properties, historical preservation areas, or agreements addressing unique architectural features. Always ensure the agreement aligns with the specific circumstances and requirements of the properties involved.
