A Real Estate Easement Agreement is essential when one party needs to establish legal rights to use or access another party's property in the Philippines. This document is commonly used for utility access, rights of way, shared driveways, or infrastructure development. The agreement must comply with the Civil Code of the Philippines and local property laws, requiring careful drafting to protect both parties' interests. It typically includes detailed descriptions of the easement area, duration, permitted uses, maintenance responsibilities, and registration requirements. This type of agreement is particularly important in urban development, infrastructure projects, and property development where shared access or use rights are necessary for effective property utilization.
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1. Parties: Identifies and provides full details of the dominant estate owner (grantee) and servient estate owner (grantor)
2. Background: Describes the properties involved, their ownership status, and the purpose for creating the easement
3. Definitions: Defines key terms used throughout the agreement, including technical and legal terminology
4. Grant of Easement: Explicitly states the rights being granted and the nature of the easement
5. Description of Easement Area: Detailed description of the location, dimensions, and boundaries of the easement area
6. Term and Duration: Specifies whether the easement is perpetual or temporary, including any conditions for termination
7. Rights and Obligations of Grantor: Details the responsibilities and restrictions on the servient estate owner
8. Rights and Obligations of Grantee: Outlines the rights and responsibilities of the dominant estate owner
9. Maintenance and Repairs: Specifies responsibilities for maintaining the easement area and any improvements
10. Insurance and Liability: Establishes insurance requirements and allocation of liability
11. Registration and Documentation: Requirements for recording the easement with appropriate authorities
12. Governing Law: Confirms Philippine law governance and jurisdiction
13. Execution: Signature blocks and notarization requirements
1. Compensation: Include when there is monetary consideration for the easement grant
2. Construction Requirements: Include when the easement involves construction of specific improvements
3. Environmental Protection: Include when environmental concerns need specific addressing
4. Utilities: Include when the easement involves utility installations or access
5. Assignment Rights: Include when transfer rights need to be specifically addressed
6. Temporary Access: Include when temporary construction or maintenance access is needed
7. Alternative Dispute Resolution: Include when parties want to specify mediation or arbitration procedures
8. Force Majeure: Include when parties want to address extraordinary circumstances affecting the easement
1. Schedule A - Property Descriptions: Detailed legal descriptions of both the dominant and servient estates
2. Schedule B - Easement Plan: Survey plan or drawing showing the exact location and dimensions of the easement
3. Schedule C - Photographs: Current photographs of the easement area and relevant features
4. Schedule D - Maintenance Schedule: Detailed maintenance requirements and schedules if applicable
5. Schedule E - Required Permits: Copies of any required governmental permits or approvals
6. Appendix 1 - Technical Specifications: Technical requirements for any construction or improvements
7. Appendix 2 - Title Documents: Copies of relevant property titles and registration documents
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