GRANT OF AN EASEMENT OF SUPPORT FOR A
BUILDING
THIS
DEED is made at…………….on this…………….day of
……….20……between A son of B resident of…………….hereinafter called the
"Grantor" (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 "Grantee"
(which expression shall unless it be repugnant to the context or meaning
thereof include his heirs, assigns and executors) of the OTHER PART
WHEREAS
the Grantor is the owner of the piece of land more particularly described in
Schedule A hereunder written which is delineated and coloured red on the map
annexed to this deed and is hereinafter called the servient tenement.
AND
WHEREAS the grantee is the owner of the piece of land adjoining the servient tenement, which is delineated and
coloured green on the said map and is more particularly described in Schedule B
hereunder written and is hereinafter called the dominant tenement and the
grantee is desirous to erect building on the said tenement, the stability of
which will be largely dependant upon lateral support afforded by the servient
tenement.
AND
WHEREAS on the request of the grantee, the grantor has agreed to grant to the
grantee the right of support for the said proposed building on the terms and
conditions as are hereinafter contained.
NOW
THIS DEED WITNESSETH AS FOLLOWS:
(1)
In pursuance of the said agreement and in consideration of the sum of Rs…………….
(Rupees…………….only) paid by the grantee to the grantor on or before the
execution of this deed (the receipt whereof the grantor hereby acknowledges),
the grantor as beneficial owner of the servient tenement, hereby grants unto
the grantee full right, privileges and liberty to enjoy and claim lateral
support for his proposed building on the dominant tenement by the subsoil and
underneath surface of the servient tenement.
(2)
Nothing herein contained shall be construed to prevent the grantor or his
assigns or successor in title from
making excavations the servient tenement for the purpose of laying foundations
which he may hereby erect on the servient tenement so long as he provides
sufficient artificial means of support to the building proposed to be erected
on the dominant tenement
(3) The
grantee covenant that he shall not do or permit to be done anything, whereby
the servient tenement shall in anyway be rendered unstable or unsafe and he
shall not build on the dominant tenement to a greater height than feet
IN
WITNESS WHEREOF the parties have signed these presents the day and year first
hereinabove written
The
Schedule A above referred to
(Description
of the land of A)
The
Schedule B above referred to
(Description
of the land of B)
ANNEXURE
PLAN
WITNESSES Signed and delivered by the within named
grantor
1 .
2. Signed
and delivered by the within named grantee
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