Encroachment Agreement Texas: What It Is and Why You Need It

If you own a property in Texas, you may have heard of an Encroachment Agreement. This legal document is designed to protect your property rights and resolve any issues that arise between you and your neighbor regarding property boundaries. In this article, we will discuss what an Encroachment Agreement is, why you need it, and how to get one.

What is an Encroachment Agreement?

An Encroachment Agreement is a legal document that outlines the terms and conditions of an agreement between two parties with adjoining properties. The agreement specifically addresses any encroachment of one party`s property onto the other party`s property. Encroachment can occur in various forms such as structures, fences, driveways, or landscaping. The Encroachment Agreement serves as a written agreement between the parties stating the encroachment and how it will be resolved.

Why do you need an Encroachment Agreement?

An Encroachment Agreement is crucial for protecting property rights and preventing any conflicts between neighboring property owners. If an encroachment issue arises and is not addressed, it can escalate into a legal dispute that may require costly legal action. A properly executed Encroachment Agreement can prevent such issues by outlining the terms and conditions of the agreement upfront.

Additionally, if you are planning to sell your property, an Encroachment Agreement can be helpful in demonstrating that you have taken all necessary steps to resolve any encroachment issues. This can help reduce any potential legal issues that may arise during the sale or transfer of property.

How do you get an Encroachment Agreement?

To get an Encroachment Agreement, both parties with adjoining properties must agree to resolve the encroachment issue and sign the agreement. It is recommended that you consult with a real estate attorney to draft and review the agreement to ensure it protects your rights and interests. Once the agreement is signed, it should be recorded with the county clerk`s office to make it a public record.

In Conclusion

An Encroachment Agreement is a vital legal document that can help protect property rights and prevent conflicts between neighboring property owners. If you are dealing with an encroachment issue, it is important to address it as soon as possible and consider getting an Encroachment Agreement to resolve the matter. Remember, consulting with a real estate attorney can help ensure the agreement is legally binding and serves to protect your interests.