Simple Right Of Way Agreement

Simple Right Of Way Agreement Template for Australia

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Key Requirements PROMPT example:

"I need a Simple Right of Way Agreement for my rural property in Western Australia, granting access to my neighbor's farming equipment to cross my land to reach their wheat fields, with specific provisions for seasonal access and protection of existing irrigation systems."

Document background

A Simple Right of Way Agreement is a fundamental legal instrument in Australian property law used to create and document access rights over one property for the benefit of another. This document becomes necessary when a property owner needs to formally grant another party the right to cross their land for specific purposes, such as accessing a landlocked property or reaching public roads. The agreement must comply with state-specific property legislation and registration requirements, typically requiring registration with the relevant land titles office. It includes essential details such as precise location descriptions, usage terms, maintenance obligations, and liability provisions. This type of agreement is particularly important in both urban and rural settings where shared access arrangements are needed for practical property use and development.

Suggested Sections

1. Parties: Identifies and provides full details of the grantor (property owner) and grantee (beneficiary) of the right of way

2. Background: Explains the context and purpose for creating the right of way, including brief description of the properties involved

3. Definitions: Defines key terms used throughout the agreement including 'Right of Way', 'Benefited Land', 'Burdened Land', etc.

4. Grant of Right of Way: Specifies the exact nature and extent of the right of way being granted

5. Location and Dimensions: References the specific location, dimensions, and boundaries of the right of way

6. Permitted Use: Details the authorized uses and purposes of the right of way

7. Maintenance and Repair: Outlines responsibilities for maintaining and repairing the right of way area

8. Costs and Expenses: Specifies how costs related to the right of way will be allocated between parties

9. Insurance and Liability: Sets out insurance requirements and allocation of liability for incidents

10. Duration and Termination: Specifies the term of the agreement and circumstances for termination

11. Dispute Resolution: Establishes procedures for resolving disputes between parties

12. General Provisions: Standard legal provisions including governing law, notices, and amendment procedures

Optional Sections

1. Construction Requirements: Used when specific construction or improvement works are needed for the right of way

2. Vehicle Restrictions: Include when specific types of vehicles need to be permitted or prohibited

3. Hours of Access: Include when access needs to be restricted to specific times

4. Shared Maintenance Arrangements: Used when multiple parties share maintenance responsibilities

5. Environmental Protection Measures: Include when the right of way crosses environmentally sensitive areas

6. Emergency Access Provisions: Used when special provisions for emergency access are required

7. Development Rights: Include when future development of either property needs to be addressed

Suggested Schedules

1. Schedule 1 - Plan of Right of Way: Detailed survey plan showing the exact location and dimensions of the right of way

2. Schedule 2 - Property Details: Full legal description of both the benefited and burdened properties

3. Schedule 3 - Maintenance Schedule: Detailed breakdown of maintenance requirements and responsibilities

4. Schedule 4 - Special Conditions: Any specific conditions or requirements unique to this right of way

5. Appendix A - Photographs: Current photographs of the right of way area and relevant features

6. Appendix B - Council Approvals: Copies of any required local council or authority approvals

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok��˰� | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Real Estate

Agriculture

Infrastructure

Construction

Mining

Utilities

Telecommunications

Rural Services

Urban Development

Commercial Property

Relevant Teams

Legal

Property Management

Real Estate

Facilities

Operations

Risk & Compliance

Development

Asset Management

Construction

Land Administration

Relevant Roles

Property Lawyer

Real Estate Manager

Land Surveyor

Property Developer

Facilities Manager

Legal Counsel

Property Rights Administrator

Asset Manager

Development Manager

Construction Manager

Land Use Planner

Property Operations Manager

Compliance Officer

Risk Manager

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