AGREEMENT
FOR PREVENTING ACQUISITION OF AN EASEMENT OF LIGHT [CD1]
THIS AGREEMENT is made at………….on
this………….day of………….20……… between A son of Shri B, resident
of....................hereinafter called the "land owner", (which
expression shall unless it be repugnant to the context or meaning thereof
include his heirs, assigns and executors) of the ONE PART and C son of D
resident of ………….hereinafter called the "house owner", (which
expression shall unless it be repugnant to the context or meaning thereof
include his heirs, assigns and executors) of the OTHER PART
WHEREAS
(1)
The land owner is seized and possessed of all
that piece of land situated at…………. more particularly described in the First
Schedule hereunder written and delineated on the plan annexed hereto and
thereon coloured ...................
(2)
The house owner is seized and possessed of
all that piece of land with a building thereon, which adjoins the said land of
the land owner on the………….side thereof, more particularly described in the
Second Schedule hereunder written and delineated on the said plan and thereon
coloured .....................
(3)
In the said building, there are………….windows,
which overlook the said land of the landowner or some part thereof in respect
of which the said house owner hereby admits and acknowledges that no right or
easement of light or air over the said land has been acquired or exists.
NOW IT IS HEREBY AGREED AS FOLLOWS
(1)The land owner shall not erect on any
part of his land within feet of the nearest part of the said building or
erection any part of which shall be higher than………….feet above the present
ground level of the said land.
(2)
The house owner shall not without the
previous consent in writing of the landowner enlarge the said windows or any of
them or open any other new window or apertures in the said building, which
shall overlook the said land of the land owner.
(3)
This agreement shall remain in force until
determined by notice in writing to that effect given by the land owner or his
assigns or successors-in-title to the houseowner of his assigns or his successors
in-title specifying a date for such determination not less
than....................months after the date of such notice.
(4)
Upon the determination of this agreement, the
houseowner shall block up and keep blocked up the said windows in a permanent
manner to the satisfaction of the landowner
(5)
The benefit and burden of the stipulations in
this agreement shall so far as may be possible, pass with and bind the said
premises the landowner and the house owner respectively, so as to ensure for
the benefit of and bind the assigns and successors-in-title of the landowner
and the houseowner respectively
(6)
This agreement shall be executed in
duplicate. The original shall be retained by the landowner and the duplicate by
the houseowner.
IN WITNESS WHEREOF the parties have
signed these presents and a duplicate hereof, the day and year first
hereinabove written.
The
First Schedule above referred to
(Description
of the property of A)
The
Second Schedule above referred to
(Description
of the property of C)
ANNEXURE
PLAN
WITNESSES
Signed and delivered by the within named
landowner
.
Signed
and delivered by the within named houseowner
0 Comments
Thank you for your response. It will help us to improve in the future.