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Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Guidelines for Drafting Agreement for Common Wall:
Purpose and Usage:
An Agreement for Common Wall is employed when two adjoining property owners share a common wall or boundary. This legal document outlines the rights, responsibilities, and obligations of each party concerning the use, maintenance, and potential alterations to the shared wall.
Key Drafting Considerations:
Precise Property Identification:
Clearly identify the properties involved, including specific details such as addresses, legal descriptions, and any relevant land registry information.
Rights and Responsibilities:
Define the rights and responsibilities of each property owner regarding the common wall, covering aspects like maintenance, repairs, and any potential modifications.
Maintenance Costs and Expenses:
Clearly stipulate how maintenance costs will be shared. Specify whether expenses are divided equally or based on a predetermined formula.
Alterations and Modifications:
Address the process for making alterations to the common wall. Obtain mutual consent and outline the procedures for obtaining necessary approvals or permits.
Dispute Resolution Mechanism:
Include a dispute resolution clause specifying the process for resolving disagreements between the parties, whether through mediation, arbitration, or other means.
Common Mistakes to Avoid:
Vague Language:
Avoid using ambiguous language. Clearly articulate the terms to prevent potential misunderstandings and disputes in the future.
Omitting Legal Review:
Ensure legal professionals review the agreement. This helps identify and rectify any legal inconsistencies or omissions that may have unintended consequences.
Ignoring Local Regulations:
Familiarize yourself with local building codes and regulations. Failure to adhere to these may result in legal complications and delays.
Incomplete Information:
Provide comprehensive details about the common wall, adjoining properties, and the agreed-upon terms. Incomplete information may lead to uncertainties and conflicts.
Failure to Anticipate Changes:
Include clauses addressing potential changes in ownership or property use. This helps maintain clarity and continuity in the event of future modifications.
Drafting an Agreement for Common Wall requires careful consideration of property details, clear communication, and anticipation of potential issues. Attention to these guidelines will contribute to a comprehensive and effective legal document.