Encroachment Agreement¶

Space above this line for recorder’s use

ENCROACHMENT AGREEMENT

This ENCROACHMENT AGREEMENT (the “Agreement”) is made and entered into as of the _ day of _______, 2021, by and between Sarah Zeeman (“Zeeman”) and Jonathan Sweatman (“Sweatman”).

WITNESSETH:

WHEREAS, Zeeman holds fee simple title to that certain parcel of land located in DeKalb, Georgia, more particularly described on Exhibit A attached hereto (the “Zeeman Parcel”);

WHEREAS, Sweatman hold fee simple title to that certain parcel of land located adjacent to the Zeeman Parcel and more particularly described on Exhibit B attached hereto (the “Sweatman Parcel”);

WHEREAS, heretofore a small portion of Zeeman’s deck, AC Units and Bay Window encroaches onto the Sweatman Parcel (the “Zeeman Encroachments”), as depicted on Exhibit C attached hereto;

NOW, THEREFORE, in consideration for the mutual covenants and agreements set forth in this Agreement, and for the sum of Ten Dollars ($10.00) in hand, and for other good and valuable consideration, all of which each party hereto agrees constitutes sufficient consideration received at or before execution of this Agreement, Zeeman and Sweatman declare and covenant that the Zeeman Parcel and the Sweatman Parcel are and shall be held, transferred, sold, conveyed, occupied and used subject to the covenants, conditions, easements, charges and liens as hereinafter set forth.

    Zeeman Encroachments Easement. Sweatman does hereby grant and establish for the benefit of the Zeeman, Zeeman’s heirs successors, successors-in-title and assigns, a non-exclusive easement for the existence, repair, and replacement of the Zeeman Encroachments as depicted on Exhibit “C” attached hereto. Sweatman hereby acknowledges that he nor his heirs and assigns shall take any action to limit the scope and use of the Zeeman Encroachments Easement as outlined herein.

    Maintenance of Zeeman Encrochments onto the Sweatman Property. Zeeman shall, at the Zeeman’s sole cost and expense, have the right and obligation to keep and maintain the Zeeman Encroachments in good order and repair and in a safe, neat, clean and structurally-sound condition and appearance.

     Termination. If Zeeman, her heirs or assigns, demolishes or removes the Zeeman Encroachments, this Agreement shall terminate.

    Covenants Run with the Land. This Agreement and the rights, obligations and easements created hereby shall run with the respective parcels and shall inure to the benefit of and be binding on the successors in title and interest, heirs, executors, successors, representatives, lessees, invitees, licensees, transferees and assigns of the parties hereto. The parties hereto and any person or entity acquiring fee title to any parcel described herein (or any interest therein ) shall be bound by this Agreement only during the period such person or entity is the fee owner of such parcel or portion thereof (or interest therein), except as to obligations, liabilities or responsibilities that accrue during said period Although persons or entities may be released under this Section, the easements, covenants and restrictions in this Agreement shall continue to be benefits and servitudes upon said parcels and to run with the title thereto in accordance with the terms hereof.

    Amendments No termination, extension, modification or amendment hereof will be otherwise effective until a written instrument is signed by both parties and is recorded in the records of the Office of the Clerk of the Superior Court of DeKalb County, Georgia.

     Construction. This Agreement shall be construed in accordance with the laws of the State of Georgia. Nothing contained in this Agreement will be deemed to be a gift, conveyance or dedication of any portion of the respective parcels to the other party or to or for the general public or for any public purpose whatsoever, it being the intention of the parties hereto that this Agreement will be strictly limited to and for the purpose expressed herein. Zeeman hereby acknowledges and agrees that she does not and shall not claim any prescriptive right to use the Sweatman Parcel as a result of the Zeeman Encroachments being located thereon and the use of the Zeeman Encroachments shall not constitute adverse possession by Zeeman. Nothing contained herein shall be deemed to create a partnership, agency or venture between the parties hereto.

[Signatures on Following Page]

IN WITNESS WHEREOF, the parties have hereunto set their hands and seals, the day and year first above written.

_____ _________ Witness Sarah Zeeman

Notary Public
Commission Expires: (Notary Seal)

[Signature on Following Page]

_____ _________ Witness Jonathan Sweatman

Notary Public Commission Expires: (Notary Seal)