Agreement as to overhanging eaves.

Agreement made this _________ day of _________, _________[date], between A., of _________, and B., of _________.

A. is the owner of a dwelling house abutting against _________ wall of the dwelling owned by B., situated at No. _________ _________ street in the city of _________, state of _________, and A. has affixed to _________ side of the dwelling an iron gutter [or pipe] which conveys rain water from the roof of A's house onto the eaves of B., and

Disputes have arisen between the parties respecting the right of A. to affix the gutter.

Now, it is hereby agreed as follows:

1. The gutter [or pipe] shall be deemed to have been originally affixed and shall be deemed to remain affixed with the express license and consent of B. to the intent that neither A. nor any person claiming under or through A shall acquire any right of eavesdrop or any easement or other right in respect to the gutter [or pipe].

2. A. shall compensate B. in respect to any damage or injury that may at any time be done to the dwelling of B. or any part of the dwelling by reason of the gutter [or pipe] being affixed as previously described.

3. A. agrees within _________ days after service of a notice in writing on A by B. requiring A. to do so, to take down and remove the gutter [or pipe] and make good all damage occasioned by the gutter [or pipe].

In witness whereof, etc.

 

 

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