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Boundary Line Agreement for Adjoining Property Owners

Introduction
Parties Involved
Recitals
Agreement
- 4.1 Boundary Line Description
- 4.2 Survey and Marking
- 4.3 Maintenance and Repairs
- 4.4 Dispute Resolution
- 4.5 Binding Effect
Miscellaneous Provisions
- 5.1 Governing Law
- 5.2 Entire Agreement
- 5.3 Amendments
- 5.4 Severability
- 5.5 Notices
Execution

1. Introduction

This Boundary Line Agreement ("Agreement") is made and entered into on this [Date], by and between [Owner 1 Full Name], residing at [Owner 1 Address] ("Owner 1"), and [Owner 2 Full Name], residing at [Owner 2 Address] ("Owner 2"). This Agreement is intended to establish and define the precise boundary line between the properties owned by Owner 1 and Owner 2.

2. Parties Involved

Owner 1: [Owner 1 Full Name], residing at [Owner 1 Address]
Owner 2: [Owner 2 Full Name], residing at [Owner 2 Address]

3. Recitals

WHEREAS, Owner 1 is the owner of the property located at [Owner 1 Property Address], legally described as [Legal Description of Owner 1's Property];

WHEREAS, Owner 2 is the owner of the property located at [Owner 2 Property Address], legally described as [Legal Description of Owner 2's Property];

WHEREAS, the exact boundary line between the properties of Owner 1 and Owner 2 has been uncertain and disputed;

WHEREAS, both parties desire to resolve this uncertainty and dispute by establishing a clear and precise boundary line between their respective properties;

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows:

4. Agreement

4.1 Boundary Line Description

The parties hereby agree that the boundary line between their properties shall be as follows:

Starting at [Starting Point Description], the boundary line shall run [Direction and Distance] to [Next Point Description], and continue [Direction and Distance] to [Next Point Description], and so forth until it reaches [Ending Point Description].

A detailed survey map showing the agreed boundary line is attached hereto as Exhibit A and incorporated herein by reference.

4.2 Survey and Marking

The parties agree to engage a licensed land surveyor to survey and mark the agreed boundary line. The cost of the survey and marking shall be shared equally by the parties. The surveyor's report and the marked boundary line shall be final and binding on both parties.

4.3 Maintenance and Repairs

Each party shall be responsible for the maintenance and repair of any fences, walls, or other structures located on their respective sides of the boundary line. Any shared structures shall be maintained and repaired jointly, with costs shared equally by the parties.

4.4 Dispute Resolution

In the event of any dispute arising out of or relating to this Agreement, the parties agree to first attempt to resolve the dispute through mediation. If mediation is unsuccessful, the dispute shall be resolved through arbitration in accordance with the rules of the Chartered Institute of Arbitrators, Kenya Branch. The decision of the arbitrator shall be final and binding on the parties.

4.5 Binding Effect

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.

5. Miscellaneous Provisions

5.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.

5.2 Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, and representations, whether oral or written.

5.3 Amendments

This Agreement may be amended or modified only by a written instrument signed by both parties.

5.4 Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

5.5 Notices

Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given when delivered personally, sent by registered or certified mail, return receipt requested, or sent by a nationally recognized overnight courier service, to the addresses of the parties set forth above.

6. Execution

IN WITNESS WHEREOF, the parties hereto have executed this Boundary Line Agreement as of the day and year first above written.

Owner 1:

[Owner 1 Full Name]
Date: [Date]

Owner 2:

[Owner 2 Full Name]
Date: [Date]

Witness 1:

[Witness 1 Full Name]
Date: [Date]

Witness 2:

[Witness 2 Full Name]
Date: [Date]

TLDR

This Boundary Line Agreement establishes a clear boundary between the properties of two adjoining owners, detailing the boundary line, survey and marking procedures, maintenance responsibilities, and dispute resolution mechanisms. The agreement is legally binding and governed by Kenyan law.

Conclusion

A Boundary Line Agreement is a crucial document for resolving disputes and uncertainties regarding property boundaries. By clearly defining the boundary line and outlining responsibilities, this agreement helps prevent future conflicts and ensures harmonious coexistence between adjoining property owners.

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