Agreement as to encroachment of wall

Agreement as to encroachment of wall

The Agreement as to encroachment of wall is a document where it is stated that there are two parties, the names of both the parties are mentioned. It is also states that a portion of the wall of the second party encroaches on the land of the first party and this does not mean that there is a right or easement with regards the encroachment.

It says that the parties agree that the encroachment is made by the second party and the encroachment is with the consent of the first party but this does not mean that the second party has any rights as to the easement.

It also states that if the first party so desires and gives a written notice to either the occupant or the owner of the second party, then the second party is duty bound within the period which has been agreed upon and stipulated upon, to tear down the wall for the part that encroaches on the property.

This notice which is to be given to the occupant or the owner can be left at the house without naming a person or even though it does not have the specific address of any person on it.

In this Agreement as to encroachment of wall it is stated that both the parties in question are bound by the terms which are stated in the agreement and this is enforceable whenever the parties want it to be enforced. This is for the parties as well as their heirs and representatives.

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Agreement as to encroachment of wall.

Agreement made at _________, _________, _________[date], between _________ of _________, referred to as Smith, and _________ of _________, referred to as Jones.
Smith is the owner of a building situated in the City of _________, and Jones is the owner of a lot of land adjoining the same on the west side of the building. Due to a mistake, a portion of the west wall of the building belonging to Smith encroaches on the land of Jones and it is mutually desired that this fact shall not create a right or easement.
It is mutually agreed between the parties to this agreement that:
1. The encroachment of the west wall of the building belonging to Smith shall be deemed to have been made, and the continuance of the encroachment shall be deemed to be, with the express license and consent of Jones, so that Smith shall not acquire any easement or right in respect to the encroachment.
2. Smith shall pull down and remove the wall so far as the wall encroaches on the land of Jones within _________ months after Jones shall have given to Smith or to the owner or occupant for the time being of the house, a notice in writing requiring [him or her] to do so and it is agreed that every notice shall be sufficient if left at the house, although not addressed to any person by name or description.
3. The respective owners for the time being of the lots of land shall have the benefit of and be bound by terms of this agreement, and shall be deemed to be included wherever the names of the parties to this agreement respectively occur.
[Date and Signature]