Fillable Printable Party Wall Easement Agreement

Party Wall Easement Agreement

PARTY WALL EASEMENT AGREEMENT

EASEMENT AGREEMENT made this __________ day of ___________________, 200__,

between ______________________________________________________________________,

hereinafter referred to as the “First Party,” residing/having an office at

______________________________________________________________________________

and __________________________________________________________________________,

hereinafter referred to as the “Second Party,” residing/having an office at

_____________________________________________________________________________,

collectively, the “Parties.”

WHEREAS, the First Party is the fee owner of certain land located in the City and State of New

York, Borough of ___________________, designated as Block ______ Lot ______ on the Tax

Map of the City of New York, hereinafter referred to as Parcel A and more particularly described

by a metes and bounds description set forth in Schedule A

annexed hereto and by this reference

made a part hereof;

WHEREAS, the Second Party is the fee owner of certain land located in the City and State of

New York, Borough of ________________, designated as Block ______ Lot ______ on the Tax

Map of the City of New York, hereinafter referred to as Parcel B, more particularly described by

a metes and bounds description set forth in Schedule B annexed hereto and by this reference

made a part hereof;

WHEREAS, Parcel A adjoins Parcel B;

WHEREAS, there is a _______-story building erected on Parcel A;

WHEREAS, the Second Party has requested the New York City Department of Buildings (the

“Department of Buildings”) to act upon Application No. __________________________ to

construct [alter] a _______-story building on Parcel B; [and]

[WHEREAS, there presently exists a wall lying on the line dividing the parcels of land of the

First Party and the Second Party, which is the _________ [location of existing wall (e.g,

northerly, southerly)] wall of Parcel A, and]

WHEREAS, the Second Party desires to use the ________ [e.g., northerly, southerly] wall of

Parcel A as the _______ [e.g., northerly, southerly] wall of Parcel B, so that the wall shared by

Parcels A and B is to become a party wall. The party wall shall satisfy the construction

requirements of the Administrative Code of the City of New York Section 27-332.

NOW, THEREFORE, good and valuable consideration having been paid, the Parties mutually

covenant and agree for themselves, their respective heirs, legal representatives, successors and

assigns, as follows:

1. The wall shared by Parcels A and B shall be used and maintained as a party wall forever

and the Parties shall be licensed and permitted to enter upon the premises of Parcels A

and B to make necessary excavations for the construction, maintenance and repair of the

wall.

2. A diagram of Parcel A and Parcel B is attached hereto as Exhibit A in the form of a plot

plan with a cross-hatched portion indicating the party wall. The location of the wall is

more particularly described as follows:

BEGINNING at a point on the ____________ side of ______ Street, distant ____ feet from the

corner of ________ street and _______ Avenue, running parallel with ________ Street, __ feet

and more particularly shown on the survey. _______ prepared _______, 200_, and annex hereto

as Schedule C;

3. If and when the wall is rebuilt, it shall stand upon the same place and be of the same or

similar materials and of the same proportions as the wall described above.

4. This easement agreement may not be modified, amended or terminated without the prior

written consent of the Department of Buildings. Further, applications for permits to

demolish either of the buildings which are the subject of this agreement and/or removal

of the party wall provided for in this agreement must clearly indicate the party wall on

application plans.

5. The covenants set forth herein shall run with the land and be binding upon and inure to

the benefit of the parties hereto and their respective heirs, legal representatives,

successors and assigns.

6. Failure to comply with the terms of this easement agreement may result in the revocation

of a building permit or certificate of occupancy.

7. This easement agreement shall be recorded at the county city register’s (county clerk’s)

office and the cross-reference number and title of the easement agreement shall be cited

on each temporary and permanent certificate of occupancy hereafter issued to Parcels A

and B.

IN WITNESS WHEREOF, Parties have made and executed the foregoing easement agreement

as of the date hereinabove written.

_________________________________ __________________________________

Grantor Grantee

By: By:

Acknowledgment by individual:

STATE OFNEW Y ORK )

COUNTY OF ________________________ ) ss.:

On the ___ day of _________________ in the year _______________, before me personally came

____________________________________, to me personally known and known to me or proved to me on the

basis of satisfactory evidence to be the same person described in and who executed the foregoing instrument, and

she/he acknowledged to me that she/he executed the same.

____________________________________

Notary Public

STATE OFNEW Y ORK )

COUNTY OF ________________________ ) ss.:

On the ___ day of _________________ in the year _______________, before me personally came

____________________________________, to me personally known and known to me or proved to me on the

basis of satisfactory evidence to be the same person described in and who executed the foregoing instrument, and

she/he acknowledged to me that she/he executed the same.

____________________________________

Notary Public

Partnership/Corporate Acknowledgment:

STATE OF NE W YORK )

COUNTY OF ________________________) ss.:

On the ____ day of _______________ in the year ____________, before me personally came

_______ _________ ____________ ____ to me known , who, being by me duly swo rn, did depo se and say that sh e/he

resides in _____________________________________________________; that she/he is the

________________________________________ (a member of the firm/president or other officer or director or

attorney in fact duly appointed) of _____________________________________, a co-partnership/corporation

described in and which executed the above instrument; and that she/he signed her/his name thereto as the act and

deed of the firm/by authority of the board of directors of said corporation.

_____________________________________

Notary Pub lic