Fill and Sign the Party Wall Form

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) o f Neighbor , and Whereas, ___________________________ (t ype 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. ________________________ _________________________ (P rinted name) (P rinted name) ________________________ _________________________ (Signature of Owner) (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 fore going 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 fore going instrument. _____________________ NOTARY PUBLIC My Commission expires: ______________________