Agreement to Refer a Boundary Dispute to an Arbitrator - Word & PDF Template Form

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DEED OF AGREEMENT

DATED

________

1. The Parties

A. Party A

________

of the address:

________

(Party A)

B. Party B

________

of the address:

________

(Party B)

2. The Properties

A. Party A is the owner of the title to unregistered land known as:

________

(Property A)

B. Party B is the owner of the title to unregistered land known as:

________

(Property B)

3. Background

A. Party A and Party B disagree about the positioning of the boundary between Property A and Property B.

B. To date the Parties have made the following attempts to resolve matters:

________

C. The above attempts have been unsuccessful in resolving the boundary dispute and the Parties have agreed that the issue shall be referred to Arbitration for determination.

D. The purpose of this Deed is to record the Parties' agreement that this matter shall be referred to Arbitration and to record the matters which require determination.

THIS DEED RECORDS THE AGREEMENT OF THE PARTIES THAT:

4. Appointment

A. An independent sole arbitrator shall be jointly appointed by the Parties.

B. The sole arbitrator who shall be appointed is ________ of the following address:

________

(the Arbitrator)

C. The Parties seek a final determination and award by no later than ________.

D. Where the Arbitrator is unable or incapable to act in order to determine the dispute within the specified timeframe, the Parties shall agree a replacement.

5. Matters for Determination

A. The Arbitrator shall be asked to make a final award and to determine the following matter only:

The proper position of the boundary between Property A and Property B in reference to the points which are marked on the plan attached at the Schedule marked 'PLAN'.

6. The Final Award

B. The Parties agree that the final decision and award of the Arbitrator shall be binding (the Final Award).

C. No less than 28 days after the Arbitrator makes the Final Award both Parties shall ensure that a memorandum of this Deed and the Final Award is duly prepared and executed so that the contents are endorsed upon the conveyance of their respective properties (Property A and Property B).

7. Costs

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8. Jurisdiction and Governing Law

This Deed shall be determined in accordance with the law of England and Wales and the Parties submit to the exclusive jurisdiction of the Courts of England and Wales.

EXECUTED AS A DEED BY PARTY A:


________

Signature:

____________________________

Dated:

________

IN THE PRESENCE OF

Name of witness (BLOCK CAPITALS):

___________________________

Signature:

___________________________

Address:

____________________________

Occupation:

____________________________

EXECUTED AS A DEED BY PARTY B:

________

Signature:

____________________________

Dated:

________

IN THE PRESENCE OF

Name of witness (BLOCK CAPITALS):

___________________________

Signature:

___________________________

Address:

____________________________

Occupation:

____________________________

THIS IS THE SCHEDULE MARKED

'PLAN'

A plan detailing the boundary which is in dispute is attached below: