AGREEMENT AS TO OVERHANGING EAVES

What is the agreement as to overhanging eaves

As per the agreement as to overhanging eaves, the document is signed and made on a certain date and in which it is stated that the owner of the adjoining property has built an iron gutter or has built a pipe to drain the rainwater from his house and this goes onto the eaves of the other owner’s property.

As a result of this, there are disputes which have arisen and the result which has been agreed upon by both parties is that the gutter or the pipe which was affixed will continue to be affixed only as long as the second party consents to it. However, the first party cannot claim rights to eavesdropping or any easements.

It also states that the first party in question will for the reason of the rainwater falling into the second owner’s property, will have to compensate the second owner in respect to whatever damages are done or whatever injury is done to the property or the dwelling of the second owner.

Also, when the second owner decides that he or she does not want to allow the use of his property for rainwater of the first owner’s property to fall onto his property, he or she can serve a written notice to the first property owner and within the stipulated time which is agreed upon by both, the gutter or the pipe will need to be removed and also incase there is any damage which was incurred by the second owner due to it, that will have to be borne as well by the owner of the first property.

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AGREEMENT AS TO OVERHANGING EAVES

Agreement made this _________ day of _________, _________[date], between A., of _________, and B., of _________.
A. is the owner of a dwelling house abutting against _________ wall of the dwelling owned by B., situated at No. _________ _________ street in the city of _________, state of _________, and A. has affixed to _________ side of the dwelling an iron gutter [or pipe] which conveys rain water from the roof of A’s house onto the eaves of B., and
Disputes have arisen between the parties respecting the right of A. to affix the gutter.
Now, it is hereby agreed as follows:
1. The gutter [or pipe] shall be deemed to have been originally affixed and shall be deemed to remain affixed with the express license and consent of B. to the intent that neither A. nor any person claiming under or through A shall acquire any right of eavesdrop or any easement or other right in respect to the gutter [or pipe].
2. A. shall compensate B. in respect to any damage or injury that may at any time be done to the dwelling of B. or any part of the dwelling by reason of the gutter [or pipe] being affixed as previously described.
3. A. agrees within _________ days after service of a notice in writing on A by B. requiring A. to do so, to take down and remove the gutter [or pipe] and make good all damage occasioned by the gutter [or pipe].