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Write a Boundary Line Agreement for two adjoining property owners

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Boundary Line Agreement

This Boundary Line Agreement ("Agreement") is made and entered into as of [Date], by and between [Your Full Name], residing at [Your Address] ("Owner 1"), and [Neighbor's Full Name], residing at [Neighbor's Address] ("Owner 2").

1. Recitals

1.1. Owner 1 and Owner 2 are the respective owners of adjoining properties located at [Property 1 Address] ("Property 1") and [Property 2 Address] ("Property 2").

1.2. The parties desire to establish a clear and unambiguous boundary line between Property 1 and Property 2.

2. Boundary Line

2.1. The parties agree that the boundary line between Property 1 and Property 2 shall be as follows:

[Describe the boundary line in detail, including any physical markers, such as fences, walls, or trees. You can also use coordinates or a survey map to define the boundary line.]

3. Survey

3.1. The parties agree that a licensed surveyor shall be hired to survey the boundary line and prepare a survey map.

3.2. The cost of the survey shall be shared equally by Owner 1 and Owner 2.

4. Maintenance

4.1. The parties agree to be responsible for the maintenance of the boundary line on their respective properties.

4.2. The parties agree to cooperate in the maintenance of any shared boundary features, such as fences or walls.

5. Disputes

5.1. In the event of any dispute arising out of this Agreement, the parties agree to attempt to resolve the dispute amicably through negotiation.

5.2. If the parties are unable to resolve the dispute through negotiation, they agree to submit the dispute to binding arbitration in accordance with the rules of the [Arbitration Institution].

6. Binding Effect

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

7. Entire Agreement

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

8. Governing Law

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

9. Severability

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

10. Notices

10.1. All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, return receipt requested, or sent by overnight courier service, addressed as follows:

If to Owner 1: [Your Full Name], [Your Address]
If to Owner 2: [Neighbor's Full Name], [Neighbor's Address]

11. Waiver

11.1. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any other or subsequent breach.

12. Counterparts

12.1. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

[Your Signature]

[Your Printed Name]

[Neighbor's Signature]

[Neighbor's Printed Name]

Recitals
Boundary Line
Survey
Maintenance
Disputes
Binding Effect
Entire Agreement
Governing Law
Severability
Notices
Waiver
Counterparts

TLDR

This Boundary Line Agreement establishes the boundary line between two adjoining properties, outlines the process for surveying the boundary line, and addresses maintenance, dispute resolution, and other relevant matters.

Conclusion

This Boundary Line Agreement is a legally binding document that establishes a clear and unambiguous boundary line between two adjoining properties. It is important to have a written agreement in place to avoid future disputes.

Sources

Case Laws

Curzon Properties Limited v. [Defendant's Name] (ELC Case No. E288 of 2021) - This case involved a dispute over property boundaries and the court's role in resolving such disputes. The case highlights the importance of clear and unambiguous boundary definitions in land ownership. (Source: Kenya Law ↗)
[Plaintiff's Name] v. Ketraco (Matrimonial Cause 7 of 2015) - This case involved a dispute over land ownership and the court's role in determining the rightful owner. The case demonstrates the importance of proper land registration and the legal consequences of disputes over land ownership. (Source: Kenya Law ↗)
[Applicant's Name] v. [Defendant's Name] (Environment & Land Case E005 of 2024) - This case involved an application for a temporary injunction to prevent eviction from a property. The case highlights the importance of legal processes in resolving disputes over land ownership and occupation. (Source: Kenya Law ↗)