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Drainage Easement Agreement Template for England and Wales

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Key Requirements PROMPT example:

Drainage Easement Agreement

"I need a Drainage Easement Agreement for our commercial property in Manchester, allowing our neighbor to connect to our existing drainage system, with maintenance costs to be shared equally and access rights limited to working hours only."

Document background
A Drainage Easement Agreement is essential when one property owner needs to establish legal rights to drain water through another's property. This document, governed by English and Welsh law, is commonly used in property development, agricultural settings, or when natural drainage patterns require cross-property solutions. The agreement details the exact nature of the drainage rights, maintenance responsibilities, access provisions, and ensures compliance with relevant environmental and planning regulations. It provides legal protection for both parties and helps prevent future disputes over drainage rights and responsibilities.
Suggested Sections

1. Parties: Details of the grantor (owner of servient tenement) and grantee (owner of dominant tenement)

2. Background: Context of the agreement including description of properties and purpose of drainage easement

3. Definitions: Key terms used throughout the agreement including property descriptions, drainage facilities, and maintenance obligations

4. Grant of Easement: Specific rights being granted, including access and maintenance rights

5. Maintenance Obligations: Responsibilities for maintaining drainage facilities and cost allocation

6. Covenants: Promises by both parties regarding use and protection of the easement

7. Term and Termination: Duration of the easement and circumstances for termination

Optional Sections

1. Insurance: Insurance requirements for drainage facilities and associated liability coverage

2. Environmental Provisions: Specific environmental protection measures and compliance requirements

3. Development Rights: Rights to modify or relocate drainage facilities for future development

Suggested Schedules

1. Plan: Detailed plan showing the route of drainage and affected land

2. Technical Specifications: Specifications of drainage facilities and installation requirements

3. Maintenance Schedule: Detailed maintenance requirements and schedules

4. Rights of Access: Specific details about access routes and timing for maintenance

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions































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Relevant Industries
Relevant Teams
Relevant Roles
Industries

Law of Property Act 1925: Primary legislation governing creation and enforcement of easements, including requirements for legal easements and land rights

Land Registration Act 2002: Governs registration requirements for easements and establishes priority rules for registered interests in land

Water Industry Act 1991: Regulates water and sewerage services, establishing rights and responsibilities regarding drainage systems

Environmental Protection Act 1990: Sets out environmental protection requirements and pollution prevention measures relevant to drainage systems

Building Act 1984: Establishes building regulations and technical requirements for drainage systems in buildings

Public Health Act 1936: Contains provisions for drainage requirements and public health considerations in relation to water systems

Town and Country Planning Act 1990: Covers planning permission requirements and development considerations affecting drainage systems

Land Drainage Act 1991: Establishes rights and obligations regarding land drainage and flood prevention measures

Re Ellenborough Park [1956]: Key case law establishing the essential characteristics required for valid easements under common law

Local Authority Building Regulations: Specific local requirements and standards for drainage systems and construction

Environment Agency Requirements: Regulatory requirements and guidelines set by the Environment Agency for drainage and water management

Water Authority Regulations: Specific requirements set by relevant water authorities for drainage systems and connections

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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