The Simple Right of Way Agreement is a fundamental legal instrument in Malaysian property law, essential for establishing access rights across private or commercial property. This document type is commonly used when one party needs to legally secure passage or access through another's property, whether for utility installation, infrastructure development, or general access purposes. The agreement must comply with Malaysian legal requirements, particularly the National Land Code 1965 and relevant state land rules. It typically includes detailed specifications of the access area, duration of rights, maintenance obligations, and compensation terms. The Simple Right of Way Agreement is particularly crucial in development projects, utility installations, and situations where formalized access arrangements are necessary for operational or commercial purposes. The document serves to prevent future disputes by clearly defining the scope of access rights while protecting the interests of both the property owner and the party requiring access.
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1. Parties: Identification of the grantor (property owner) and grantee (party receiving right of way), including full legal names and addresses
2. Background: Context of the agreement, including brief description of the property and purpose of the right of way
3. Definitions: Key terms used in the agreement, including 'Right of Way', 'Property', 'Permitted Use', etc.
4. Grant of Right of Way: Specific details of the right being granted, including dimensions, location, and permitted uses
5. Duration: Term of the right of way, whether permanent or for a specified period
6. Consideration: Payment or other consideration for the grant of right of way
7. Rights and Obligations of Grantor: Responsibilities and retained rights of the property owner
8. Rights and Obligations of Grantee: Responsibilities of the party receiving the right of way, including maintenance obligations
9. Insurance and Liability: Insurance requirements and allocation of risk between parties
10. Termination: Circumstances under which the agreement can be terminated
11. Governing Law: Specification of Malaysian law as governing law and jurisdiction
12. Execution: Proper execution block meeting Malaysian legal requirements
1. Temporary Access Rights: Additional temporary access rights for construction or maintenance, used when initial setup work is required
2. Environmental Protection: Specific environmental protection measures, included when the right of way crosses sensitive areas
3. Security Deposit: Requirements for security deposit, included when there's significant risk of damage
4. Utilities: Provisions for utility installation and maintenance, used when the right of way includes utility access
5. Alternative Access: Provisions for alternative access routes, included when temporary relocation might be necessary
6. Development Rights: Future development considerations, included when property development is anticipated
7. Dispute Resolution: Specific dispute resolution procedures, included for more complex arrangements
1. Schedule 1 - Property Description: Detailed legal description of the property, including lot number and title details
2. Schedule 2 - Right of Way Plan: Survey plan or drawing showing the exact location and dimensions of the right of way
3. Schedule 3 - Permitted Uses: Detailed list of permitted activities and uses within the right of way
4. Schedule 4 - Maintenance Schedule: Specific maintenance requirements and schedule, if applicable
5. Appendix A - Photographs: Current photographs of the right of way area and access points
6. Appendix B - Statutory Declarations: Any required statutory declarations under Malaysian law
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