Fence Encroachment Agreement — Martin Cruz Rojas
Encroachment & Fence Relocation Agreement
510 Wilson Rd, Red Rock, Bastrop County, Texas
Date: ___, 2026
Parties
Miller Property Owners: Troy Daniel Miller and Julie Ann Miller 510 Wilson Rd, Red Rock, TX 78662
Adjacent Property Owners: Martin Cruz Rojas and Rosa Nayeli Marquez Velasco Lot G, Joshua Gray Survey, Bastrop County, TX
Background
A. A fence (the "Fence") was constructed on the Adjacent Property, set back approximately 13.5 feet from the Property Line onto the Adjacent Property, to allow vehicle access to the Miller Property. The survey notes a fence corner post along this boundary.
B. The Adjacent Property Owners agreed to this placement as a neighborly accommodation.
C. A survey confirms the Fence is not on the Property Line but encroaches onto the Adjacent Property.
Agreement
1. Property Line. The recorded survey Property Line is the true boundary. This Agreement does not alter any property line or convey ownership.
2. No Adverse Possession. The Fence placement does not create any claim of ownership, prescriptive easement, or other property right. The encroachment is permissive only and not adverse.
3. Restoration. If the Adjacent Property Owners give written notice, the Miller Property Owners shall remove the encroaching fence and reconstruct it on the Property Line within sixty (60) days, at their sole cost.
4. Disclosure. This Agreement shall be disclosed to any buyer of the Miller Property before closing.
5. Binding. This Agreement binds and benefits the parties, their heirs, successors, and assigns.
6. Governing Law. Texas.
Signatures
Miller Property Owners:
____ Date: __ Troy Daniel Miller
____ Date: __ Julie Ann Miller
Adjacent Property Owners:
____ Date: __ Martin Cruz Rojas
____ Date: __ Rosa Nayeli Marquez Velasco
Draft — not legal advice. Have an attorney review before signing.