Easement of Drainage and Sewage

Easement of Drainage and Sewage

This agreement is made on this 10th day of August 1999 between Mr. AB, residing at ……………………………………………… (hereinafter referred to as the DOMINANT OWNER which term shall include his successors, heirs and transferees) of the one part and Mr. CD residing at ………………… …………… (hereinafter referred to as the SERVIENT OWNER which term shall include his successors, heirs and transferees) of the other part.

WHEREAS the DOMINANT OWNER owns the  landed property being premises No. ……… of ……………………………….

AND WHEREAS the SERVIENT OWNER owns the plot of land being premises No. …… of ………………………… which is situated on and facing the …………… Road and in front of ………………………………………….

AND WHEREAS premises No. ………… of …………………………… has no separate arrangement for the outlet of rain water or any used water or sewage.

AND WHEREAS the premises No. …… of …………………… has the modern drainage system and sewage system directly connected with the Municipal Corporation drainage system and the sewage system running underground the main road.

AND WHEREAS the DOMINANT OWNER approached the SERVIENT OWNER for granting facilities for drainage of water and sewage under the land of the SERVIENT OWNER for connection with the main drainage and sewages systems of the Municipal Corporation and the SERVIENT OWNER has agreed to grant such right to the DOMINANT OWNER.

Now these presents witnesseth and the parties hereby agree as follows:

1. In consideration of the DOMINANT OWNER paying to the SERVIENT OWNER a sum of Rs. 2 lakhs the receipt of which the SERVIENT OWNER hereby acknowledges the SERVIENT OWNER hereby grants to DOMINANT OWNER the right of easement of laying down sewage and drainage pipes underneath the said land of the SERVIENT OWNER so as to connect them from the land of DOMINANT OWNER through the land of SERVIENT OWNER to the Municipal Corporation’s main sewage and drainage system on the main road known as …………………………… Road.

2. The said pipes would be laid by the DOMINANT OWNER under the land of SERVIENT OWNER in accordance with the plan to be sanctioned by the Municipal Corporation.

3. The DOMINANT OWNER while laying the drainage and sewage                        pipes shall not cause any damage to the existing structures of the SERVIENT OWNER and such pipes should be laid down on one side of the land generally used for passage for ingress to and egress from the premises of SERVIENT OWNER.

4. The said pipes should be laid in  a manner which would permit periodical cleaning possible and it should be free from possibility of any leakage.

5. The DOMINANT OWNER should keep the said sewage and drainage pipes in good repairs.

6. In the event the DOMINANT OWNER fails to carry out any urgent repairs the SERVIENT OWNER will get it done and recover the costs and expenses of such repair works including replacement of the pipes and all expenses in relation thereto from the DOMINANT OWNER and such cost and expenses should be a first charge on the land of the DOMINANT OWNER.

7. The easement right created herein will run and remain attached to the land of DOMINANT OWNER over the servient land and shall be attached thereto and run with the same and shall be binding on the OWNERs for the time being of the said two premises.

In witness whereof the parties have executed these presents on the day, month and year first above-written.

Signed and delivered  by Mr. AB the

DOMINANT OWNER in the presence of:                                      Signature

1.

2.

Signed and delivered by Mr. CD the

SERVIENT OWNER in the presence of:                                       Signature

1.

2.

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