As the warmer months approach, many homeowners may be considering building a deck to enhance their outdoor living space. However, before beginning construction, it is important to know whether a build over agreement is necessary.

A build over agreement, also known as an encroachment agreement, is a legal document that allows a homeowner to build a structure that encroaches on or over their neighbor`s land. This typically includes structures such as a fence, shed, or in this case, a deck.

In some cases, a build over agreement may be required by local authorities before a deck can be built. This ensures that the new structure does not pose a safety risk or cause any damage to neighboring properties.

However, even if a build over agreement is not required by law, it is still a good idea to have one in place. This is especially true if the deck will be close to the property line or overhangs onto the neighbor`s side.

Without a build over agreement, a neighbor may have grounds to take legal action if they feel the deck is encroaching on their property or causing damage. This can lead to costly legal fees and potential court battles.

To avoid any potential conflicts, it is recommended to approach the neighbor before beginning construction and discuss a build over agreement. This agreement should outline the exact location, dimensions, and design of the deck, as well as any necessary maintenance and repair responsibilities.

It is important to note that a build over agreement is a legal document and should be drafted by a qualified legal professional. Both parties should review and sign the agreement before any construction begins.

In conclusion, while a build over agreement may not always be required by law, it is still a wise choice to protect yourself and your neighbor from any potential conflicts. By taking the necessary steps beforehand, you can ensure a smooth and enjoyable deck-building process.