This Agreement is dated _____________ between ____________ of ___________ (“First Party”) and ________________ of _______________________ (“2nd Party”).

 

Whereas:

 

(A)       First Party is the owner of the Property described as _____________ (“First Party’s Property”);

 

(B)       Second Party is the owner of the Property described as _______________ (“Second Party’s Property”);

 

(C)       First Party and Second Party wish to erect a fence between their respective properties;

 

NOW in consideration of the mutual covenants and conditions hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

 

I.        The parties agree to erect a Fence (“Fence”) along the boundary line between the First Party’s Property and Second Party’s Property.  The parties will use their best efforts to ensure that construction of the Fence commences on or before __________________ and is completed on or before __________________.

 

2.      The parties agree to share the costs of the Fence equally.  The parties acknowledge and agree that the Fence shall cost no more than $___________.

 

3.      The Fence shall be constructed using _______ Materials and shall be constructed according to the plans and specifications attached hereto as Exhibit 1.

 

4.      The parties agree to share equally in the cost of the fence, maintenance, upkeep and repairs of the Fence from time to time.  To avoid any conflict on the issue, the parties agree to pay their 50% share of fence construction to the agreed upon contractor in advance of the work being done to be sure there are no lingering or left over costs associated with the initial construction project.

 

5.      This Agreement shall inure to the benefit of and be binding upon the respective heirs, executors, administrators and assigns of each of the parties hereto.

 

6.      This Agreement is sets forth the entire agreement between the parties relating to the subject matter hereof and stands in the place of any previous agreement, whether oral or in writing.  The parties agree that no amendment to this Agreement shall be binding upon the parties unless it is in writing and executed by both parties.  Any dispute must be brought in the state of _____________.

 

IN WITNESS WHEREOF this Agreement has been executed by the parties hereto as of the date above.

 

 

_________________                          ________________

First Party                                           Second Party

 

 

_________________                          ________________

Witness                                               Witness

 

Exhibit 1: Plans and Specifications of Fence

 

 

Fence Line Agreement

Review List

This review list is provided to inform you about this document in question and assist you with its preparation.  Boundary line issues are always sensitive.  As a great country lawyer once told me, “Nothing gets people excited and contentious like boundary line and will disputes.”  So a word to the wise:  if you want to build a fence, be careful to get consensus and protect yourself further by doing it in advance.  Be sure to get all the payments up front so you don’t wind up dunning your neighbor or he/she doing the same to you.

 

1. Make multiple copies.  Give one to each signatory.  Keep one with the transaction or real estate file related to the subject matter.

2.   Your actions should be guided by the thought, “Trust everyone but cut the cards.”

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