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1. Parties: Identifies and defines the parties to the agreement - the grantor (property owner granting the easement) and grantee (neighboring property owner receiving the easement rights)
2. Background: Explains the context and purpose of the easement, including brief description of the properties involved and the need for the easement
3. Definitions: Defines key terms used throughout the agreement, including property descriptions, easement area, and technical terms
4. Grant of Easement: Formal creation of the easement rights, specifying the type of easement and general rights granted
5. Easement Area: Detailed description of the physical area covered by the easement, referencing the plan in the schedule
6. Rights and Obligations: Specifies the detailed rights of the grantee and obligations of both parties regarding the use and maintenance of the easement area
7. Maintenance and Costs: Details responsibilities for maintaining the easement area and how costs will be shared between parties
8. Insurance and Liability: Outlines insurance requirements and allocation of liability for incidents within the easement area
9. Duration and Registration: Specifies the term of the easement and requirements for registration with Land Information New Zealand
10. Dispute Resolution: Procedures for resolving any disputes between the parties regarding the easement
11. General Provisions: Standard legal provisions including governing law, entire agreement, and amendment procedures
1. Development Rights: Required when future development of either property needs to be addressed in relation to the easement
2. Utilities and Services: Needed when the easement involves access to or installation of utilities
3. Vehicle Access Provisions: Specific provisions required for vehicle access easements, including parking restrictions and weight limits
4. Environmental Obligations: Required when environmental protection measures need to be specified
5. Council Requirements: Include when specific local authority requirements must be met
6. Third Party Rights: Needed when other parties (such as contractors or utility companies) require access rights
1. Schedule 1: Property Descriptions: Legal descriptions and titles of both properties involved
2. Schedule 2: Easement Plan: Detailed survey plan showing the exact location and dimensions of the easement area
3. Schedule 3: Maintenance Schedule: Detailed breakdown of maintenance responsibilities and cost sharing arrangements
4. Schedule 4: Special Conditions: Any specific conditions or restrictions applicable to this particular easement
5. Appendix A: Photographs: Current photographs of the easement area and relevant features
6. Appendix B: Council Approvals: Copies of any required local authority approvals or permits
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