The Non-Exclusive Easement For Ingress And Egress is a vital legal instrument in Nigerian property law, used when one party needs to secure legal rights to access their property through another's land. This document is particularly relevant in situations involving landlocked properties, shared driveways, or multiple commercial tenants requiring access to their facilities. The agreement, governed by Nigerian law including the Land Use Act 1978 and relevant property legislation, carefully balances the rights of both the property owner and the party receiving access rights. It includes essential elements such as precise description of the easement area, permitted uses, maintenance responsibilities, and duration of the rights, while ensuring that the property owner retains primary ownership and usage rights of the area in question.
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1. Parties: Identifies and defines the Grantor (property owner) and Grantee (party receiving easement rights), including their legal capacity and contact details
2. Background: Sets out the context of the agreement, including property ownership details and purpose of the easement
3. Definitions: Defines key terms used throughout the agreement including 'Easement Area', 'Permitted Use', 'Access Rights' etc.
4. Grant of Easement: Formal declaration of the non-exclusive easement rights being granted, specifying the nature of access rights
5. Description of Easement Area: Detailed description of the physical location and boundaries of the easement area
6. Permitted Use: Specific details of allowed uses, including types of vehicles, timing of access, and any restrictions
7. Duration: Specifies whether the easement is perpetual or time-limited, and any conditions for termination
8. Maintenance and Repairs: Obligations regarding maintenance, repairs, and upkeep of the easement area
9. Insurance and Liability: Requirements for insurance coverage and allocation of liability for accidents or damages
10. Assignment and Transfer: Rules regarding transfer of easement rights and requirements for consent
11. Governing Law and Jurisdiction: Specifies Nigerian law as governing law and jurisdiction for dispute resolution
12. Execution: Formal signing section including witness requirements under Nigerian law
1. Temporary Construction Rights: Include when initial construction work is needed to establish or improve the access way
2. Environmental Protection: Include when the easement area contains or affects environmentally sensitive areas
3. Special Usage Rules: Include when specific rules are needed for heavy vehicles or special equipment
4. Cost Sharing: Include when maintenance costs are to be shared between multiple parties
5. Security Measures: Include when specific security arrangements are required for access
6. Alternative Access Routes: Include when alternative or emergency access routes need to be specified
7. Utilities: Include when the easement includes rights for utility installation or maintenance
1. Schedule 1 - Property Description: Detailed legal description of the main property and easement area, including survey references
2. Schedule 2 - Site Plan: Survey plan or map showing the exact location and dimensions of the easement area
3. Schedule 3 - Photographs: Current photographs of the easement area and access points
4. Schedule 4 - Maintenance Schedule: Detailed maintenance requirements and schedule if applicable
5. Appendix A - Required Permits: Copies of any required governmental or regulatory permits
6. Appendix B - Insurance Requirements: Detailed insurance specifications and requirements
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