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Trail Easement Agreement Template for England and Wales

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Key Requirements PROMPT example:

Trail Easement Agreement

"I need a Trail Easement Agreement for a 5-mile hiking trail crossing my farmland in Yorkshire, to be granted to the local hiking association starting March 2025, with specific provisions for seasonal agricultural activities and livestock protection."

Document background
Trail Easement Agreements are essential documents used when establishing permanent access rights across private land for recreational, conservation, or public access purposes. These agreements, governed by English and Welsh property law, define the exact route, permitted uses, and maintenance obligations for the trail. A Trail Easement Agreement is particularly important when creating long-distance paths, nature trails, or connecting existing public rights of way. The document provides legal certainty for both landowners and trail users while protecting the interests of all parties involved.
Suggested Sections

1. Parties: Details of grantor and grantee of the easement

2. Background: Context of the agreement and property details

3. Definitions: Key terms used throughout the agreement

4. Grant of Easement: Specific rights being granted and their extent

5. Duration: Term of the easement rights

6. Maintenance Obligations: Responsibilities for trail maintenance

7. Permitted Uses: Allowed activities and restrictions

Optional Sections

1. Insurance: Insurance requirements, used when specific coverage is needed

2. Environmental Provisions: When trail affects protected areas or species

3. Public Access: When trail includes public right of way

4. Special Conditions: For unique circumstances or requirements

Suggested Schedules

1. Plan: Detailed map showing trail route and affected properties

2. Property Description: Legal description of affected properties

3. Maintenance Schedule: Detailed maintenance requirements and frequencies

4. Usage Rules: Specific regulations for trail use

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Law of Property Act 1925: Primary legislation governing property rights in England and Wales. Key sections include 1(2) and 62 regarding legal estates and rights, and Section 52 regarding requirements for deeds.

Land Registration Act 2002: Establishes requirements for registration of easements and sets out priority rules and protection of rights in land registration.

Countryside and Rights of Way Act 2000: Known as the CROW Act, this legislation deals with public rights of way provisions and access rights considerations for trails and pathways.

Commons Act 2006: Relevant when trail easements affect or cross common land, providing specific regulations for such situations.

Town and Country Planning Act 1990: Planning law requirements that may affect trail easements, including necessary planning permissions or restrictions.

Environmental Protection Act 1990: Environmental regulations that must be considered when establishing trail easements, particularly regarding environmental impact.

Wildlife and Countryside Act 1981: Provides protection for wildlife and habitats that may be affected by trail easements, particularly important if the trail passes through sensitive ecological areas.

Re Ellenborough Park [1956]: Key case law establishing the essential characteristics of easements in English law, including the four fundamental requirements for a valid easement.

Local Authority Bylaws: Specific local regulations and requirements that may affect trail easements in particular jurisdictions.

Public Path Orders: Legal mechanisms for creating, diverting, or extinguishing public rights of way, which may be relevant to trail easement establishment.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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