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The Perpetual Easement Agreement is a crucial legal instrument in Indian property law, utilized when permanent access or usage rights over someone else's property are required. This document is essential for infrastructure projects, utility installations, right of way arrangements, and various development activities. It draws its legal framework from the Indian Easements Act, 1882, the Transfer of Property Act, 1882, and related legislation. The agreement must be registered and properly stamped to be legally enforceable. It typically includes detailed property descriptions, technical specifications, maps, and comprehensive rights and obligations of both parties. This type of agreement is particularly important in scenarios requiring permanent access for utilities, roads, drainage systems, or other permanent installations where outright property purchase is not necessary or desired.

1. Parties: Identification of the Grantor (property owner) and Grantee (beneficiary of the easement), including their legal capacity and addresses

2. Background: Context of the agreement, description of the properties involved, and purpose of the easement

3. Definitions: Definitions of key terms used in the agreement, including 'Easement Area', 'Permitted Use', and other relevant terms

4. Grant of Easement: Express grant of the perpetual easement rights, specifying the nature and scope of the easement

5. Rights and Obligations of Grantee: Detailed description of the Grantee's rights to use the easement and their maintenance obligations

6. Rights and Obligations of Grantor: Grantor's retained rights over the property and obligations to not interfere with the easement

7. Covenants and Warranties: Representations and warranties about property ownership, authority to grant easement, and absence of encumbrances

8. Term and Perpetual Nature: Express statement of the perpetual nature of the easement and conditions for its continuation

9. Indemnification: Mutual indemnification provisions for damages or claims arising from use of the easement

10. Insurance: Requirements for insurance coverage related to the easement area and activities

11. Assignment: Provisions regarding the ability to transfer or assign easement rights

12. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

13. Notices: Process and addresses for serving formal notices under the agreement

14. Registration and Stamp Duty: Provisions for registration of the agreement and payment of applicable stamp duty