Agreement for Preventing Acquisition of Easement by Shiva.

Agreement for Preventing Acquisition of Easement

THIS AGREEMENT is made on the . . . . . . . day of . . . . . . ., 20 . . .  BETWEEN A.B. etc. of the one part AND C.D. etc. of the other part.


(1) the said A.B. is owner of the land situate at . . . . . . . and delineated on the plan annexed hereto and thereon coloured blue; and

(2) the said C.D. is owner of a house adjoining the said land of A.B. and has recently opened two new windows in his said house which overlook the said land of the said A.B. but in respect of which (as the said C.D. hereby admits) no right or easement of light or air over the said land of the said A.B. has been acquired or exists.

NOW it is hereby mutually agreed between the parties as follows:

1. The said A.B. shall not erect on any part of the said land within . . . . . . . feet of the nearest part of the said house of C.D. any building or erection any part of which shall be higher than . . . . . . . feet above the present ground level of the said land.

2. The said C.D. shall not without the previous consent in writing of the said A.B. enlarge the said windows or any of them or open any other windows or apertures in the said house which shall overlook the said land of the said A.B.

3. This agreement shall continue to be in force until determined by either party on six months’ notice given to the other party and upon determination of this agreement the said C.D. shall if so requested by the said A.B. forthwith block up and keep permanently blocked to the satisfaction of the said A.B. the said windows or such of them as shall be included in such request of the said A.B.

4. The benefit and burden of the stipulations in this agreement shall so far as may be possible pass with and bind the said premises of the said A.B. and C.D. so as to ensure to and bind all persons deriving title thereto from or under the said A.B. and the said C.D. respectively.