The Construction Easement Agreement is essential when one party needs temporary access to another's property to carry out construction activities in the Philippines. This document is commonly used in infrastructure projects, building developments, and utility installations where access to adjacent properties is necessary for construction work. The agreement must comply with the Civil Code of the Philippines, the National Building Code, and local government regulations. It typically includes detailed specifications of the easement area, duration of access, permitted activities, compensation, insurance requirements, and property restoration obligations. This type of agreement is particularly important in urban areas where construction projects often require access to neighboring properties for scaffolding, equipment placement, or temporary structures. The document serves to prevent disputes by clearly defining rights, responsibilities, and limitations while ensuring proper legal protection for all parties involved.
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1. Parties: Identification of the Grantor (property owner) and Grantee (party receiving construction easement rights)
2. Background: Context of the agreement, including property description and purpose of the construction easement
3. Definitions: Key terms used throughout the agreement including 'Easement Area', 'Construction Period', 'Permitted Uses', etc.
4. Grant of Easement: Formal declaration of the easement rights being granted, including scope and nature of permitted construction activities
5. Term and Duration: Specifics about the timeframe of the easement, including start date, duration, and any extension provisions
6. Consideration: Details of payment or other consideration for the easement rights
7. Rights and Obligations: Specific rights granted to the Grantee and obligations of both parties during the construction period
8. Access and Working Hours: Specifications regarding when and how the easement area can be accessed
9. Insurance and Liability: Requirements for insurance coverage and allocation of liability for damages
10. Restoration and Repair: Obligations regarding property restoration after construction completion
11. Termination: Circumstances under which the agreement can be terminated and the process for termination
12. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes
13. Execution: Formal signing section with witness requirements as per Philippine law
1. Environmental Compliance: Required when construction activities may have environmental impacts or require environmental permits
2. Local Authority Permits: Include when specific local government permits are required for the construction activities
3. Utilities and Services: Include when construction requires connection to or modification of existing utilities
4. Security Requirements: Add when specific security measures are needed during construction
5. Dispute Resolution: Optional detailed dispute resolution procedures beyond court jurisdiction
6. Force Majeure: Include when parties want specific provisions for handling unforeseen circumstances
7. Assignment Rights: Include when either party may need to transfer rights under the agreement
1. Schedule 1 - Property Description: Detailed legal description of the property and easement area, including survey plans
2. Schedule 2 - Construction Plans: Detailed plans and specifications for the construction work to be undertaken
3. Schedule 3 - Access Routes: Maps and details of approved access routes for construction vehicles and personnel
4. Schedule 4 - Timeline: Detailed construction timeline and milestones
5. Schedule 5 - Insurance Requirements: Specific insurance types and coverage amounts required
6. Appendix A - Required Permits: Copies or list of required permits and approvals
7. Appendix B - Environmental Requirements: Environmental protection measures and compliance requirements
8. Appendix C - Site Restoration Standards: Specific requirements for property restoration after construction
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