Agreement As to Overhanging Eaves 2
What is the Agreement As to Overhanging Eaves
The agreement as to overhanging eaves is usually dated and signed by both the parties in question. In this agreement it states that the second party is the owner of the house where the land adjoins the property of the first party and the eaves of the house of the second party overhang onto the property of the first party and therefore, the water falls onto the first party’s property.
Therefore, the parties agree that the overhanging of the eaves with the permission of the first party as well as the water which falls from the eaves into the land of the first party can continue to be so for all perpetuity. However, the second party or any of his or her representatives at no time in the future can claim that the easement or the eavesdrop belongs to them.
In addition to this, the second party needs to give the first party compensation in exchange for damages or injuries which are done to the land of the first party as a result of the overhanging eaves.
The second party in addition, after the first party has served a notice to them in writing regarding the removal of the overhanging eaves, shall need to do so within the timeframe that is decided and agreed upon by both.
This agreement is enforceable even after the death of the signatories and can be enforced on the landowners, the heirs or the assignees of the property. This document is signed in the presence of witnesses.
Sample Template Preview
Agreement made _________, _________[date], between _________, of _________, referred to as A, and _________, of _________, referred to as B:
B is the owner of a dwelling house on land adjoining the property of A and the eaves of the house overhang the land of A so that water falls on A’s land:
Therefore, it is agreed that the overhanging of the eaves of the house shall be deemed to be, with permission of A, and the falling of water from the eaves upon A’s land shall be deemed to have been continued with the express license and permission of A, to the extent that neither B nor any person claiming under or through B, shall acquire any right of eavesdrop or any easement or other right in respect of the overhanging eaves and this prmission and license shall not by lapse of time or otherwise ripen into a right or easement.
B shall compensate A in respect to any damage or injury that may at any time be done to the land of A, A’s heirs or assigns, by reason of the overhanging eaves.
B shall within _________ days after service of notice in writing by the adjoining landowner, so requiring, remove overhanging eaves.
In witness, etc.
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