This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
This contract entered into at ---------, ---------, this --------- day of---------,
19-, by and between A. B., party of the first part, and C. D., party of the second part, Witnesses:
That whereas, the parties hereto are the respective owners in fee simple of adjoining parcels or lots of land described as follows: said parcel or Dot belonging to said party of the first part is situated in the City of ---------,
County of --------- and State of ---------, and described as follows: ---------
[description of property].
Said parcel or lot belonging to said party of the second part is situated in the City of---------, etc.,---------, and is described as follows: --------- [description of property].
And whereas, said party of the first part desires to build a party wall on the dividing line between said parcels of land;
Now, therefore, said party of the first part, in consideration of the promises and agreements of said party of the second part hereinafter contained, hereby promises and agrees to build, at his own expense in a substantial and workmanlike manner, a party wall --------- inches thick, the same to be placed on said dividing line, between said parcels of land, one half on the land of each! party hereto.
Said party of the second part hereby agrees that said party of the first part may build said party wall, and further that if at any time said party of the second part, his heirs or assigns, shall use said party wall, or any part thereof, he will pay one-half of the value at that time of said wall, or of such' part thereof, including its foundations, as he may use.
It is mutually agreed by and between the parties hereto that, after said wall has been built, either party may extend the same in thickness or heighth; but no extension in thickness shall be placed on the land of the other without the written consent of such other party.
It is further mutually agreed by and between the parties hereto that said wall shall be allowed to remain for a period of --------- years; and shall not be sooner removed except by mutual consent of both parties hereto, or their heirs or assigns; but either party may repair or rebuild the same using due care in so doing to support the buildings, land and property of the other.
This agreement shall inure to the benefit of the heirs and assigns of each of the parties hereto, and the covenants herein contained shall run with the land.
In testimony whereof, etc.
For the necessity of written evidence, see Sec. 1272.