An Access Easement Agreement is a crucial legal instrument in Canadian property law, used when one property owner needs to secure formal access rights over another property. This document is essential in situations where shared access is necessary for various purposes such as reaching landlocked property, accessing utilities, or maintaining shared facilities. The agreement must comply with provincial property laws and land registration requirements, and typically includes detailed descriptions of the easement area, permitted uses, maintenance obligations, and liability provisions. Access Easement Agreements are particularly important in urban development, commercial property management, and infrastructure projects where multiple property interests need to be coordinated and protected. The document serves as a permanent record of the access rights and obligations, ensuring clear understanding and enforcement of the arrangements between current and future property owners.
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1. Parties: Identifies and provides full legal details of the grantor (servient tenement owner) and grantee (dominant tenement owner)
2. Background: Sets out the context of the agreement, including property ownership details and the purpose of the easement
3. Definitions: Defines key terms used throughout the agreement including the Servient Lands, Dominant Lands, Easement Area, and Access Rights
4. Grant of Easement: Formally establishes the easement rights and specifies the nature and scope of the access permitted
5. Description of Easement Area: Provides specific details of the location and dimensions of the easement area
6. Permitted Use: Specifies the authorized uses of the easement area and any restrictions on use
7. Duration: States the term of the easement (typically perpetual) and any conditions affecting its continuation
8. Maintenance and Repairs: Outlines responsibilities for maintaining the easement area and cost allocation between parties
9. Insurance and Liability: Specifies insurance requirements and allocation of liability for incidents within the easement area
10. Covenants: Details the promises and obligations of both parties regarding the use and maintenance of the easement
11. Registration: Addresses the registration of the easement on title and associated requirements
12. General Provisions: Standard clauses including governing law, amendments, notices, and succession
1. Environmental Matters: Required when the easement area includes or affects environmentally sensitive areas or where environmental regulations apply
2. Construction Rights: Needed when the easement includes rights to construct or modify access infrastructure
3. Utilities: Include when the easement involves or affects utility services or infrastructure
4. Temporary Access Rights: Required when additional temporary access rights are needed for construction or maintenance
5. Cost Sharing: Include when there are specific arrangements for sharing costs beyond basic maintenance
6. Security Measures: Needed when specific security requirements or restrictions apply to the access
7. Emergency Access: Include when special provisions are needed for emergency situations
8. Subdivision Rights: Required when the lands may be subdivided in the future
1. Schedule A - Legal Description of Servient Lands: Detailed legal description of the property granting the easement
2. Schedule B - Legal Description of Dominant Lands: Detailed legal description of the property benefiting from the easement
3. Schedule C - Easement Area Plan: Survey plan or drawing showing the exact location and dimensions of the easement area
4. Schedule D - Permitted Uses: Detailed list of specifically permitted and prohibited uses of the easement area
5. Schedule E - Maintenance Standards: Specific standards and requirements for maintenance of the easement area
6. Schedule F - Insurance Requirements: Detailed insurance requirements including types and amounts of coverage
7. Schedule G - Access Protocols: Specific procedures and protocols for accessing and using the easement area
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