Easement of Support

This agreement is made on this……….day of………..2005 between Mr. AB of (hereinafter referred to as the dominant owner which term shall include his successors and transferees) of the one part and Mr. CD of (hereinafter referred to as the servient owner which term shall include his successors and transferees) of the other part.
Whereas the dominant owner owns the land being premises No of…………
And whereas the servient owner owns the land and construction thereon being premises No…………of………………….
And whereas the dominant owner proposes to construct a multi-storeyed building on his land and requires the support of sub-soil and foundation under the surface of the soil of the land of the servient owner.
And whereas the dominant owner has approached the servient owner for granting easements for support of said sub-soil and foundation of servient land and the servient owner has agreed to grant such easement right to the DOMINANT OWNER.
Now these presents witnesseth and the parties hereby agree as follows:
1. The servient owner grants to the dominant owner the right to have all necessary support on the sub-soil and foundation underneath the surface of the servient land in accordance with the plan to be sanctioned by the Municipal Corporation for construction of a multi-storeyed building on the dominant land.
2. It is recorded that in consideration of the dominant owner paying Rupees Two lakhs to the servient owner receipt whereof the servient owner hereby acknowledges the servient owner has and is granting to dominant owner the said right of easement.
3. The dominant owner will be at liberty to dig and excavate the land of servient owner as might be essential for the support for constructing the said multi-storeyed building but without causing any damage to the existing building of servient owner.
4. The dominant owner hereby undertakes not to make any construction which would damage the existing building of the servient owner and undertakes to compensate the servient owner for any damage that might be discovered in future because of the said construction and/or the said support for the said construction of the said multi-storeyed building.
5. This agreement shall be treated as the easement right available to the dominant land over the servient land for beneficial enjoyment of dominant land and shall be binding on the owners for the time being of the said DOMINANT LAND and SERVIENT LAND.
In witness whereof the parties hereto 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
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Signed and delivered by Mr. CD the
servient owner in the presence of:                                                                  Signature
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