X. court afsd, shall so far as regards the sd B. and his sequels in right be deemed permissive and enjoyed by consent under this agreemt, so as to prevent the sd A. or his sequels in right from having any legal or equitable right, claim, or remedy against the sd B. or his sequels in right, in respect of any obstruction or detriment to such additional access or use of light, occasioned by any buildings or improvemts upon, or other reasonable use of the sd houses or any adjacent ppty of the sd B. mit erec buildings 2. THE sd A. and his sequels in right will not, in respect A. to peror under colour of his present or any future rights to the tion of access or user of light or air, by any means seek to restrain or similar prevent the sd B. or his sequels in right from doing or on adjoincausing to be done, or bring any action for damages or in- ing land. stitute or promote any other legal proceedings in respect of his or their doing or causing to be done any of the things following, and the sd A. (so far as depends upon him), hby authorises and consents to, and agrees that his sequels in right shall authorise and consent to the doing of the same, that is to say :-First, erecting on the site of the sd houses in Y. street, or any part thof, (not being within a distance of feet from the boundary wall of the two ppties), any buildings not exceeding in height the buildings. proposed to be erected by the sd A. as shown on the sd plans. Secondly, covering over and altering the present back yard, sheds, and offices of the houses in Y. street, or the sites thof, or any part thof, up to the sd boundary wall in the way in which the back yards of the houses in X. court are intended to be covered over and altered as shown in the sd plans, or in any other way not more prejudicial, as regards the access of light and air, to the X. court ppty of the said A. B. to new 3. In conson of the sd agreemts on the pt of the sd A. Consent by the sd B. and his sequels in right will not by any means buildings. seek to restrain or prevent the sd A. or his sequels in right from erecting and executing the sd proposed buildings and improvemts according to the sd plans, or bring any action for A. to give agreement damages, or institute or promote any legal proceedings in respect thof, but so far as depends on him he, the sd B., hby authorises and consents to the erection and execution of the sd proposed buildings and improvemts according to the sd plans. 4. THE sd A. and his sequels in right will, by inserting notice of notice of the stipulations hinbefore contained, in favour of to persons the sd B. and his sequels in right, in leases and other claiming under him, muniments, and by such other reasonable means as circes may require or admit (and as well in compliance with any special request in that behalf on the pt of the sd B. or his sequels in right as without such special request), use his best endeavours to cause the sd stipulations to run with the sd X. court ppty, and bind all persons interested therein as owners, lessees, occupiers, or otherwise. IN WITNESS, &c. Recital of title. New win XIV. AGREEMENT for PREVENTING the acquisition of an EASEMENT in respect of NEW WINDOWS overlooking a neighbour's land (a). PARTIES, A., one owner, 1. B., the other owner, 2. WHAS the sd A. is seised in fee simple of the house No. — in street, in the parish of, &c., and the sd B. is seised in fee simple of the house No. in the same street: AND dow opened WHAS the sd A. has recently opened a new window in his by A. sd house overlooking the back yard of the sd house of the sd B.: NOW it is HBY MUTUALLY DECLARED AND AGREED as follows:: Enjoyment 1. THE sd window shall be deemed to have been opened of light to with the express licence and consent of the sd B., and the window to be deemed permissive, (a) See note to last Precedent. enjoymt hereafter by the sd A., his hrs and assigns, of the access and use of light or air to the sd house and premes belonging to him, the sd A., his hrs and assigns, by means of such window shall be deemed to be with the express licence and consent of the sd B., his hrs and assigns, to the intent that the sd A., his hrs and assigns, shall not acquire any easemt or right in respect thof. A. to block up window [2. THE sd A., his hrs or assigns, shall at any time hereafter at the request in writing of the sd B., his hrs or assigns, on request. and at the expense of the sd A., his hrs or assigns, wall or block up the sd window.] 3. EITHER of them the sd A. and B., or his hrs or assigns, Rescission. may at any time hereafter rescind this agreemt by giving to the other of them, his hrs or assigns, a notice in writing in that behalf. Such notice shall be sufficient if given to the owner or occupier, or one of the owners or occupiers of the sd house and premes now belonging to the other of them. the sd A. and B. (not being a mere caretaker or servant), or to some pson claiming to be such owner or occupier, or one of such owners or occupiers, personally; or if sent by post addressed to the owner or occupier of such last mentioned premes, or some one of such owners or occupiers either by name or otherwise, and provided in the latter case the receipt thof shall be acknowledged by such owner or occupier, or by some person claiming to be such. IN WITNESS, &C. Recital as to encroach XV. AGREEMENT between ADJOINING HOUSE-OWNERS as to the CONTINUANCE of ENCROACHMENTS (a). PARTIES, A., owner of one house, 1. B., owner of the other house, 2. WHAS the sd A. is the owner of a house situate, &c., and the sd B. is the owner of a piece of land adjoining thto, on ments by B. which he has erected [or, is erecting] a house, the upper part of the south wall of which encroaches on the roof of the house of the sd A.; And the sd B. has affixed to the front of the sd house of the sd A. a pipe to carry off the water from the roof of his sd house. Encroach deemed NOW it is MUTUALLY DECLARED AND AGREED as follows: 1. THE sd encroachmts of the sd south wall of the house ments to be of the sd B. and of the sd pipe shall be deemed to have permissive. been made, and the continuance hereafter of such respive encroachmts shall be deemed to be with the express licence and consent of the sd A., to the intent that the sd B. shall not acquire any easemt or right in respect thof. B. to repair and make damage. 2. THE sd B. shall at his own expense keep the sd pipe good future properly cleansed and in good order, and shall make good, and compensate the sd A. for all damage which may at any time be done to the house of the sd A. by water running from the roof of the house of the sd B., or by leakage or overflow from the sd pipe. To remove ments on 3. THE sd B. shall pull down and remove the sd wall and encroach- pipe so far as the same resply encroach as afsd, and make notice. good any damage occasioned thby to the house of the sd A., within 14 days after the sd A. shall have given or left (a) As to agreements of this nature, see 2 & 3 Will. 4, c. 71, s. 2, and above p. 53, note. As to the nature of easements, see 2 Dav. Pt. 1, p. 548, note (a); Elph. Introd. Conv. p. 125. at the sd house of the sd B. a notice in writing in that behalf, and every such notice shall be sufficient although not addressed to any pson by name or description. to bind owners for 4. THE respive owners for the time being of the sd houses Agreement shall have the benefit of and be bound by this agreemt, and shall be deemed to be included in each article of this time being. agreemt wherever the names of the sd A. and B. resply occur; And notice of this agreemt shall be indorsed on the Notice to be conveyance to the sd B. of his sd piece of land, and on every future assurance of the sd house thereon erected. IN WITNESS, &C. endorsed on title-deeds. XVI. AGREEMENT for APPORTIONMENT of RENT under PARTIES, A., lessor, 1. B., a Public Board, purchasers, 2. Recite lease. AND WHAS the inheritance and reversion in Recital of seisin. fee-simple of and in the sd house and premes, No. afsd, pt of the sd premes comprised in the hinbefore recited lease, expectant upon the determination of the term granted by the sd lease, is now vested in the sd B.: AND WHAS the (a) See the Act, 8 & 9 Vic., c. 18, s. 119. Where the premises are conveyed by virtue of the Elementary Education Act, 1870, 33 & 34 Vic., c. 75, or the School Sites Acts, 1841 to 1851, 4 & 5 Vic., c. 38, 7 & 8 Vic., c. 37, 12 & 13 Vic., c. 49, 14 & 15 Vic., c. 24; the apportionment can be made under 12 & 13 Vic., c. 49, by agreement between the lessor or owner subject to the lease, the tenant, and the party to whom the conveyance is made, and when made is binding on all underlessees and other persons, whether parties to the agreement or not. |