Encroachment Agreement

Agreement, made this sixth day of October, in the year Nineteen Hundred and Ten, between Joseph Scott and Annie Scott, his wife,2 of the Borough of Brooklyn of the City of New York, County of Kings and State of New York, parties of the first part, and Lida Moore, of the same place, party of the second part;

1 Available for the protection of a party on whose premises fences or retaining walls encroach. The form may be varied to suit the circumstances of other cases.

2 Though the title is in the husband, his wife should join in the agreement. Some conveyancers require mortgagees to join also.

Whereas, the said parties of the first part are the owners in fee of the lot and premises known as No. 190 Suydam Street in the Borough of Manhattan of the City of New York, being a lot of ground, twenty-five (25) feet front and rear by one hundred (100) feet in depth on the southeasterly side of Suydam Street one hundred and fifty (150) feet southwesterly from the intersection of the southeasterly side of Suydam Street with the southwesterly side of Hanover Avenue, and hereinafter designated as the lot and premises of the parties of the first part, and the said party of the second part is the owner in fee of the lots and premises known as Nos. 192 and 194 Suydam Street in the Borough of Manhattan of the City of New York, aforesaid, being a plot of ground fifty (50) feet front and rear by one hundred (100) feet in depth, on the southeasterly side of Suydam Street one hundred (100) feet southwesterly from the intersection of the southeasterly side of Suydam Street with the southwesterly side of Hanover Avenue immediately adjoining to and on the northeasterly side of said lot and premises of the parties of the first part, and hereinafter designated as the lots and premises of the party of the second part; and

Whereas, the said land and premises of the parties of the first part, are higher than the adjoining land and premises of the party of the second part, and a wall or fence has been erected for the purpose of retaining the soil of the lot and premises of said parties of the first part, which wall or fence, however, stands wholly or almost wholly on the lots and premises of the party of the second part, and runs along or near the division line of the lots and premises of the parties of the first part and the party of the second part, beginning at a point at or opposite the rear end of the house erected upon the lot and premises of the parties of the first part and running to or beyond the rear end of the lots and premises of the parties of the first part and the party of the second part:

Now Therefore, this agreement witnesseth, that in consideration of the sum of one dollar and other good and valuable considerations in hand duly paid to the said parties of the first part, the receipt whereof is hereby acknowledged, the said parties of the first part do hereby covenant, stipulate and agree that the said parties of the first part do not own or claim to own any part of the soil within the boundaries of the lots and premises of the party of the second part upon which such wall or fence stands, and that the said parties of the first part do not have or claim to have any easement, right, title or other interest in and to any part of the soil within the boundaries of the lots and premises of the party of the second part upon which such wall or fence stands, and that the parties of the first part do not have or claim to have any right or privilege to have such wall or fence or any part thereof standing or remain upon the lots and premises of the party of the second part, or any part thereof, and that the party of the second part, her heirs and assigns, may at any time remove such wall or fence or so much of such wall or fence as is within the boundaries of the lots and premises of the party of the second part, so that no part of such wall or fence shall protrude, extend, be or remain beyond a line drawn in continuation of the southwesterly side of the house on the lot and premises of the parties of the first part to the rear of the lots and premises of the party of the second part; and

It is Further Mutually Agreed between the parties hereto that no part of the fee of the soil upon which said wall or fence or any part thereof stands, has passed to or is vested in the said parties of the first part or any of their predecessors in title nor shall pass to or be vested in the said parties of the first part, their heirs or assigns.

In Witness Whereof, the parties to these presents have hereunto set their hands and seals the day and year first above written.

Joseph Scott. [l.s.]

Annie Scott. [l.s]/

Lida Moore. [l.s]

In the presence of,

Horace T. Walsh. Thomas L. Patterson.

(Acknowledgments in proper statutory form.)

Form 45. - Encroachment Agreement.1

Agreement, made this twelfth day of October in the year Nineteen Hundred and Ten, between Samuel Strong and Sarah Strong, his wife,2 of the Borough of Brooklyn of the City of New York, County of Kings and State of New York, parties of the first part, and Margareth Black, of the same place, party of the second part;

Whereas, the said parties of the first part are the owners in fee of the lot and premises known as No. 187 Thomas Avenue in the Borough of Brooklyn of the City of New York aforesaid, and the said party of the second part is or is about to become the owner in fee of the lot and premises known as No. 189 Thomas Avenue in the Borough of Brooklyn of the City of New York aforesaid, immediately adjoining to and on the South side of said lot of the parties of the first part; and

Whereas, the stable or building on the rear of said lot designated as No. 189 Thomas Avenue encroaches and stands partly upon the lot designated as No. 187 Thomas Avenue:

Now Therefore, this agreement witnesseth, that in consideration of the sum of one dollar and other good and valuable considerations in hand duly paid to the said parties of the first part, the receipt whereof is hereby acknowledged, the said parties of the first part do hereby grant and convey to the said party of the second part, her heirs and and assigns, the right to have said stable or building remain in its present position, encroaching or standing partly on the said lot of the parties of the first part, and the right to use during the life of such stable or building, that part of said lot of the parties of the first part upon which such stable or building encroaches or stands partly thereon, and to have such stable or building, or the wall or the part of such stable or building so encroaching or standing partly on the said lot of the parties of the first part, remain so standing during the life of such stable or building, and no longer.

It is Further Mutually Agreed between the parties hereto that no part of the fee of the soil upon which stands the stable or building, or the wall or the part of such stable or building so encroaching or standing partly on the said lot of the parties of the first part shall pass to or be vested in the said party of the second part, her heirs or assigns, by virtue of these presents.

1 Available for protection of party whose buildings encroach on adjoining land. The form may be varied to suit the circumstances of other cases.

2 Though the title is in the husband, his wife should join in the agreement. Some conveyancers require mortgagees to join also.

In Witness Whereof, the parties to these presents have hereunto set their hands and seals the day and year first above written.

Samuel Strong. [seal]

Sarah Strong. [seal]

Margareth Black. [seal]

In the presence of, Willis T. Hefley. Allen F. Moore.

(Acknowledgments in proper statutory form.)