Encroachment Agreement for City Property

This Encroachment Agreement is between a city and a property owner who owns an adjoining property to a lot owned by the city.

• The city will allow an encroachment onto the lot by an element of the owner's property, such as a sidewalk, fence or driveway.
• The encroachment must not exceed a specified size and must be maintained by the property owner.
• If the city requires the use of the portion of the lot on which the encroachment lies, the property owner will have 90 days to remove the encroaching element. If the owner does not comply, the city may undertake removal and charge the costs to the owner.
• The Encroachment Agreement can be used in many jurisdictions so long as it complies with municipal bylaws.