Fill and Sign the Fixing Liability Form

Agreement between Adjoining Landowners regarding Construction along Common Boundary and Fixing Liability for Damage to Adjoining Building Agreement made __________________ (date), between __________________ (Name of Excavator), of _____________________________________________ (street address, city, county, state, zip code), hereinafter referred to as Excavator, and __________________ (Name of Adjoining Owner) , of _____________________________________________ (street address, city, county, state, zip code), hereinafter referred to as Adjoining Owner. Whereas, Excavator is the owner of property located at _____________________________________________ (street address, city, county, state, zip code), which is bounded on the __________________ (north/south/east/west) side by the property of Adjoining Owner at _____________________________________________ (street address, city, county, state, zip code); and Whereas, Excavator intends to make proper and necessary excavations on _______ (his/her) property, up to the boundary line between it and the property of Adjoining Owner, to a depth of approximately __________________ (number) feet for the purposes of constructing a __________________ (number)-story building with a basement; and Whereas, Excavator has given to Adjoining Owner a notice of intention to excavate, and has proposed to Adjoining Owner, as a measure of extraordinary care and precaution for sustaining Adjoining Owner's land, that, if Adjoining Owner would consent to this excavation under Adjoining Owner's wall and the erection of a foundation under the wall, Excavator would do the work without cost to Adjoining Owner; and Whereas, should this consent be obtained, Excavator would take due care and precaution to protect Adjoining Owner's land and property, and, in the event of any injury, Excavator would be liable for any and all damages that Adjoining Owner might sustain by reason of this excavation or any work connected with it. 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. The parties agree that Excavator may, at __________________ (his/her) own expense and without cost to Adjoining Owner, excavate under the wall of Adjoining Owner which adjoins the property line of Excavator for the purpose of erecting a necessary and proper foundation to sustain the land of Adjoining Owner and prevent the wall from falling or sustaining any damage. 2. The parties agree that Excavator will be liable for any damage or injury that may occur, and that Excavator will indemnify Adjoining Owner for any loss of any character whatsoever that may arise from anything done by Excavator, or (his/her) agents, employees, or contractors, in connection with the above-described work. WITNESS our signatures as of the day and date first above stated. ________________________ _________________________ (Signature of Excavator) (Signature of Adjoining Owner) ________________________ ________________________ (Printed Name of Excavator) (Printed Name of Adjoining Owner) (Acknowledgments)