The Phoenix Arizona Agreement Establishing Party Wall with Grant of Land to Cure Encroachment is a legally binding document that resolves disputes between property owners regarding the construction and maintenance of a shared party wall. This agreement is commonly used in Phoenix, Arizona to establish the rights and responsibilities of each party involved in the encroachment issue. Here is a detailed description of its key aspects. The Phoenix Arizona Agreement Establishing Party Wall with Grant of Land to Cure Encroachment serves as a framework for resolving disputes arising from a situation where a party wall, typically located on the boundary between two neighboring properties, has been encroached upon. By entering into this agreement, both parties agree to mutually resolve the encroachment issue. One type of this agreement is the Standard Phoenix Arizona Agreement Establishing Party Wall with Grant of Land to Cure Encroachment. This agreement follows the general guidelines and procedures set forth by the state of Arizona, providing a standard approach to resolving encroachment issues in Phoenix. Another type is the Custom Phoenix Arizona Agreement Establishing Party Wall with Grant of Land to Cure Encroachment. This agreement is tailor-made to address specific circumstances and requirements of each individual case. It allows both parties to negotiate and include specific clauses or provisions that are not covered by the standard agreement. The key terms and provisions included in the Phoenix Arizona Agreement Establishing Party Wall with Grant of Land to Cure Encroachment include: 1. Identification of the affected properties: The agreement should clearly identify the properties involved in the encroachment issue by providing their legal descriptions and addresses. This ensures that all parties are aware of the specific properties in question. 2. Description of the encroachment: The agreement should provide a detailed description of the encroachment, outlining the specific parts of the party wall that have been encroached upon by one party. 3. Mutual decision-making: The agreement establishes a requirement for mutual consent and agreement between the parties for any alterations, repairs, or modifications to the encroached party wall. This ensures that both parties are involved in any decisions regarding the shared structure. 4. Procedures for curing the encroachment: The agreement sets out the steps and procedures that the party responsible for the encroachment should take to remedy the situation. This may include modifying the encroached structure, contributing to the reconstruction, or compensating the affected party for the encroachment. 5. Cost-sharing provisions: The agreement addresses the financial responsibilities of each party involved in the encroachment issue. It may outline the proportionate share of costs for repairs, modifications, or reconstruction, ensuring that both parties contribute fairly to the resolution. 6. Dispute resolution mechanism: The agreement includes a provision for dispute resolution, outlining the procedures for resolving conflicts that may arise during the process of addressing the encroachment issue. This may involve mediation, arbitration, or other mechanisms. The Phoenix Arizona Agreement Establishing Party Wall with Grant of Land to Cure Encroachment is an essential legal document that allows property owners in Phoenix to effectively resolve encroachment issues while protecting their rights and interests. It provides a structured framework for parties to negotiate and reach a mutually satisfactory resolution, preventing the need for litigation and preserving neighborly relationships in the community.