Agreement Establishing Party Wall with Grant of Land to Cure Encroachment
Agreement made on the ________________ (date), between ___________________
(Name of Owner) of ___________________________________________________________
__________________ (street address, city, county, state, zip code), referred to herein as
Owner, and _____________________ (Name of Neighbor), of _________________________
________________________________________________________ (street address, city,
county, state, zip code), referred to herein as Neighbor.
Whereas, Owner is the owner of the real property (the Owner’s Property) located at
____________________________________________________________________________
(street address, city, county, state, zip code), said Property being more particularly described
as (legal description) _________________________________________________________
_______________________________________________________________________; and
Whereas, Neighbor is the owner of the real property (the Neighbor’s Property) located at
____________________________________________________________________________
(street address, city, county, state, zip code), said Property being more particularly described
as (legal description) _________________________________________________________
_______________________________________________________________________; and
Whereas, the parties have a common boundary line which is the (e.g., the north)
boundary line of Owner and the (e.g., the south) ___________ boundary line of Neighbor; and
Whereas, (type of structure) is located on Owner’s Property, the _______________
(northern or southern or eastern or western) wall, of which is located above ________
(number) feet from the _____________ (northern or southern or eastern or western) of
Neighbor, and
Whereas, ___________________________ (type of structure) is located on
Neighbor’s Property the _________________ (northern or southern or eastern or western)
wall of which extends into Owner’s Property a distance of __________ (number) of feet or
inches from the _________________ (northern or southern or eastern or western) boundary
of Owner’s Property and is also the ________________ (northern or southern or eastern or
western) wall of the _______________________ (type of structure) on Owner’s Property, and
Whereas, the parties desire to settle all questions as to the ownership of the wall and all
differences between them relating to the above-described encroachment.
Now, therefore, for and in consideration of the mutual covenants contained in this
agreement, and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
1.
Conveyance
Owner does hereby convey and quitclaim to Neighbor a strip of land along the
__________________ (northern or southern or eastern or western) boundary of Owner’s
Property __________ (number), feet in width, running from the ______________ (northern or
southern or eastern or western) boundary to the center of the wall, and said Property is
described as follows: (description of strip of land) __________________________________
____________________________________________________________________________
____________________________________________________________________________.
2.
Party Wall Declaration
The Wall shall be a Party Wall, and the parties shall have a right to use it jointly.
3.
Extension of Wall
Either party, or the party's heirs or assigns, may, in connection with the extension of the
party's respective building, extend the Wall, either horizontally or vertically, to a height of not
more than _________ (number) feet and to a length of not more than ________ (number) feet,
so long as the extension is the same width as the existing Wall and does not impair its strength
or injure the foundations of the buildings. The other party shall have the right to use the
extended part of the wall and to join it by paying to the constructing party ______% of the cost
of that part of the Wall that the party will use. Any extension of the wall shall be a Party Wall and
part of the existing Wall.
4.
Repairs or Rebuilding
If it becomes necessary or desirable to repair or rebuild the whole or any part of the
Wall, the repairing or rebuilding expense shall be borne equally by the parties, or by their heirs
and assigns that shall be using it at the time of the repair or rebuilding, in proportion to the
extent of their use. Any repairing or rebuilding of the Wall shall be on the same location and of
the same size as the original Wall or part of the original Wall, and of the same or similar material
of the same quality as that used in the original Wall or part of the original Wall.
5.
Mandatory Arbitration
Any dispute under this Agreement shall be required to be resolved by binding arbitration
of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one
arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall
arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration
Association then in force and effect.
6.
Governing Law
This Agreement shall be governed by, construed, and enforced in accordance with the
laws of the State of ______________.
7.
Notices
Any notice provided for or concerning this Agreement shall be in writing and shall be
deemed sufficiently given when sent by certified or registered mail if sent to the respective
address of each party as set forth at the beginning of this Agreement.
8.
Duration and Effect of Agreement
The benefits and obligations of the covenants in this Agreement shall run with the land
described above and shall bind the respective parties to this Agreement, and their heirs, legal
representatives, and assigns.
9.
In this Agreement, any reference to a party includes that party's heirs, executors,
administrators, successors and assigns, singular includes plural and masculine includes
feminine.
WITNESS our signatures as of the day and date first above stated.
________________________
(Printed name)
________________________
(Signature of Owner)
_________________________
(Printed name)
_________________________
(Signature of Neighbor)
(Acknowledgment form may vary by state)
State ______________
County of _______________
Personally appeared before me, the undersigned authority in and for the said county and
state, on this _____ day of ____________, 20____, within my jurisdiction, the within named,
________________________ (Name of Owner), who acknowledged that he executed the
above and foregoing instrument.
_____________________
NOTARY PUBLIC
My Commission expires:
______________________
State ______________
County of _______________
Personally appeared before me, the undersigned authority in and for the said county and
state, on this ____ day of _____________, 20_____, within my jurisdiction, the within named,
______________________ (Name of Neighbor), who acknowledged that he executed the
above and foregoing instrument.
_____________________
NOTARY PUBLIC
My Commission expires:
______________________