The Temporary Right of Way Agreement is a crucial legal instrument in the Philippines used when one party requires temporary access to or use of another party's property for specific purposes. This document is essential for infrastructure projects, utility installations, construction works, or any situation requiring temporary access rights. The agreement must comply with the Civil Code of the Philippines, particularly Articles 649-666 governing easements, as well as local government regulations and property laws. It typically includes detailed specifications of the area covered, duration of access, permitted activities, compensation terms, and restoration requirements. The document serves to protect both the property owner's rights and the accessing party's interests by clearly defining all terms and conditions, helping prevent disputes and ensuring proper property management.
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1. Parties: Identification of the Grantor (property owner) and Grantee (party receiving right of way), including complete legal names and addresses
2. Background: Context of the agreement, including property description and purpose of the temporary right of way
3. Definitions: Key terms used throughout the agreement, including 'Right of Way Area', 'Term', 'Permitted Use', etc.
4. Grant of Right of Way: Specific rights being granted, including exact nature and scope of permitted access and use
5. Term and Termination: Duration of the temporary right of way, renewal provisions, and circumstances for early termination
6. Compensation: Payment terms, amounts, and schedule for the right of way
7. Use Restrictions: Limitations on use, permitted activities, and prohibited actions within the right of way area
8. Maintenance and Repair: Responsibilities for maintaining the right of way area during the term
9. Insurance and Liability: Insurance requirements and allocation of risks between parties
10. Restoration: Obligations to restore the property to its original condition upon termination
11. Governing Law: Specification of Philippine law as governing law and jurisdiction
12. Miscellaneous: Standard provisions including notices, amendments, and entire agreement clause
1. Construction Requirements: Include when the right of way involves construction activities, specifying construction standards and requirements
2. Environmental Compliance: Include when the right of way affects environmentally sensitive areas or requires environmental permits
3. Local Authority Approvals: Include when local government permits or approvals are required
4. Security Deposit: Include when a security deposit is required to ensure restoration or compliance
5. Emergency Access: Include when emergency access provisions are needed
6. Utilities: Include when the right of way involves or affects utility installations or access
7. Subdivision Requirements: Include when the property is part of a subdivision with specific requirements
1. Schedule A - Property Description: Detailed legal description of the property and right of way area, including surveys and maps
2. Schedule B - Payment Schedule: Detailed breakdown of compensation amounts and payment dates
3. Schedule C - Permitted Activities: Comprehensive list of permitted activities and uses within the right of way area
4. Schedule D - Insurance Requirements: Specific insurance requirements including types of coverage and minimum amounts
5. Schedule E - Site Plan: Technical drawings showing the exact location and dimensions of the right of way
6. Schedule F - Restoration Standards: Detailed specifications for property restoration upon termination
7. Appendix 1 - Required Permits: Copies of all required permits and authorizations
8. Appendix 2 - Photographic Record: Pre-agreement photographs documenting the condition of the property
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