The Permanent Easement Agreement is a crucial legal instrument in Irish property law, used when one property owner needs to secure permanent rights over another's property. This document is particularly relevant in scenarios involving access rights, utility installations, rights of way, or other continuing land use requirements. The agreement must comply with Irish legislation, particularly the Land and Conveyancing Law Reform Act 2009 and the Registration of Title Act 1964. It includes detailed descriptions of the properties involved, precise mapping of the easement area, specific rights granted, maintenance obligations, and registration requirements. The Permanent Easement Agreement is designed to create clear, enforceable rights that continue indefinitely and bind subsequent property owners, making it essential for long-term property planning and development in Ireland.
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1. Parties: Identification of the Grantor (property owner granting the easement) and Grantee (party receiving the easement rights)
2. Background: Context of the agreement, including brief description of the properties involved and purpose of the easement
3. Definitions: Definitions of key terms used throughout the agreement, including 'Dominant Tenement', 'Servient Tenement', 'Easement Area', etc.
4. Grant of Easement: Formal declaration of the easement rights being granted, including the specific nature and scope of the rights
5. Duration and Nature: Specification that this is a permanent easement that runs with the land and binds successors in title
6. Rights and Limitations: Detailed description of permitted activities, restrictions, and limitations on the use of the easement
7. Maintenance and Repair: Obligations regarding maintenance, repair, and upkeep of the easement area
8. Insurance and Liability: Requirements for insurance coverage and allocation of liability between parties
9. Costs and Expenses: Allocation of costs related to the creation, maintenance, and operation of the easement
10. Registration: Provisions regarding registration of the easement with the Land Registry
11. Governing Law: Confirmation that the agreement is governed by Irish law
12. Execution: Formal execution clause and signature blocks
1. Temporary Construction Rights: Include when initial construction work is needed to establish the easement
2. Environmental Provisions: Include when the easement involves environmental considerations or protected areas
3. Utilities: Include when the easement involves installation or maintenance of utility services
4. Emergency Access: Include when specific provisions for emergency access are needed
5. Subdivision Rights: Include when future subdivision of either property is contemplated
6. Alternative Dispute Resolution: Include when parties wish to specify mediation or arbitration procedures
7. Relocation Rights: Include when there may be future need to relocate the easement area
1. Schedule 1 - Property Descriptions: Detailed legal descriptions of both the dominant and servient tenements
2. Schedule 2 - Easement Area: Specific description and measurements of the easement area
3. Schedule 3 - Plans and Maps: Maps, drawings, or plans showing the location and extent of the easement
4. Schedule 4 - Permitted Uses: Detailed list of specifically permitted activities and uses within the easement area
5. Schedule 5 - Maintenance Standards: Detailed maintenance requirements and standards
6. Appendix A - Land Registry Compliant Plans: Plans meeting Land Registry requirements for registration
7. Appendix B - Photographs: Current photographs of the easement area documenting its condition at grant
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