2
Agreement Concerning Party Wall
This agreement, made this ____ day of ________, 19__, by and between A.B. and C.D., of the city of ________ ________, witnesseth: That, whereas, the said C.D. is the owner of the house and lot on the south side of ________ Street, second lot east of ________ Street, and the said A.B. is the owner of the lot adjoining the same next easterly thereof, on which said lot there now stands a party wall on a line parallel with ________ Street; and forty-four feet easterly from said ________ Street; and, whereas, the said A.B. has erected his dwelling-house several feet (one story) higher than the said C.D., whereby greater advantage may accrue to the said A.B. from said party wall. Now, therefore, the said C.D., in consideration of the sum of $1, to him in hand paid, the receipt whereof is hereby acknowledged, doth grant, covenant, promise, and agree with the said A.B., that he may peacefully and lawfully enjoy such party wall, to himself, his heirs, and assigns, the said C.D. reserving to himself the right to use the said portion of the party wall built by the said A.B., whenever he may wish to build higher than his house now is.
It is further mutually understood and agreed, between the respective parties, that this agreement shall remain so long as the houses last, and shall pass to the heirs and assigns of the respective parties to these presents.
Witness our hands and seals, the day and year first above written.
A.B. (L.S.)
C.D. (L.S.)
3
Agreement for Building
This agreement, entered into this ____ day of ________, 19__, between A.B. and C.D. witnesseth: That the said A.B. hereby agrees with the said C.D. to erect for him on (describe land) a (dwelling-house) in conformity with the drawing and detailed specifications of one E.F., architect, the work to be performed in a substantial and workmanlike manner, and with the best materials of their respective kinds, the same to be furnished, together with all things necessary to erect and complete said building, at the cost and expense of the said A.B., payments to be made as follows: (specify terms) upon the certificate of the architect, provided that said estimates shall not at any time before the completion of said building exceed the basis of 85 per cent of the value of the work so executed.
And the said C.D. hereby agrees with said A.B. to pay to him the sum of $________ for the erection and completion of said building in the manner aforesaid, (monthly) estimates to be made by said E.F., architect, of the amount then due to said A.B. thereon, upon the presentation of which estimate said C.D. agrees to pay 85 per cent of the same, the remaining 15 per cent to be retained until the completion of said building. And on the completion of said work in the manner aforesaid to the satisfaction of said architect, and upon the presentation of his certificate to that effect, said C.D. agrees to pay said A.B. the balance remaining unpaid on said contract, including the fifteen per cent retained until the completion of the work. The said A.B. further agrees to complete said building as aforesaid and deliver the same to said C.D. on or before the ____ day of ________, 19__.