An Agreement for Easement Right of Way is essential when one property owner needs formal access rights over another's land. This document, governed by English and Welsh law, is commonly used in situations ranging from shared driveways to utility access routes. The agreement precisely defines the extent of the right, maintenance obligations, and usage restrictions. It provides legal certainty for both parties and their successors in title, helping prevent future disputes and ensuring clear property rights. The document must comply with the Law of Property Act 1925 and typically requires registration at the Land Registry.
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1. Parties: Details of the grantor and grantee of the easement
2. Background: Context of the agreement and description of the properties involved
3. Definitions: Key terms used throughout the agreement including legal descriptions of properties and rights of way
4. Grant of Rights: Specific rights being granted, their extent, and conditions of use
5. Duration: Term of the easement and conditions for continuation
6. Maintenance Obligations: Responsibilities for maintaining the right of way, including cost sharing arrangements
7. Restrictions: Limitations on the use of the right of way and prohibited activities
1. Payment Terms: Details of any consideration or ongoing payments for the easement rights
2. Insurance: Requirements for public liability insurance and other relevant coverage
3. Development Rights: Provisions regarding future development of either property and impact on easement
4. Termination: Circumstances and procedures for terminating the easement
1. Schedule 1 - Plan: Detailed plan showing the exact route and dimensions of the right of way
2. Schedule 2 - Property Details: Legal description and title information for both dominant and servient tenements
3. Schedule 3 - Maintenance Schedule: Detailed maintenance obligations, standards, and frequency of maintenance
4. Schedule 4 - Rights Schedule: Comprehensive list of permitted uses, times of access, and specific conditions
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