The Easement Form is a crucial legal instrument in Malaysian property law, used to create and document rights over one piece of land for the benefit of another property or entity. This document is essential when there's a need to establish formal access rights, utility passages, or other land use rights across properties. The form must strictly comply with the requirements of the National Land Code 1965, particularly Form 17A, and needs to be registered with the relevant land office to be legally effective. Common applications include providing access to landlocked properties, allowing utility companies to install and maintain infrastructure, or establishing rights of way for various purposes. The document is particularly relevant in property development, infrastructure projects, and situations where shared land use rights are necessary for effective property utilization.
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1. Parties: Identification of the grantor (landowner) and grantee (beneficiary) of the easement, including their full legal names, registration numbers if applicable, and addresses
2. Background: Brief context explaining the purpose of the easement and the relationship between the properties
3. Definitions: Key terms used in the agreement including 'Servient Land', 'Dominant Land', 'Easement Area', and other relevant definitions
4. Grant of Easement: The formal grant of easement rights, specifying the nature and extent of the rights being granted
5. Description of Easement Area: Detailed description of the location and dimensions of the easement area
6. Rights and Obligations: Specific rights granted to the grantee and obligations of both parties regarding the use and maintenance of the easement area
7. Duration: Term of the easement, whether perpetual or for a specified period
8. Maintenance and Repair: Responsibilities for maintaining and repairing the easement area
9. Costs and Expenses: Allocation of costs related to the creation, maintenance, and use of the easement
10. Registration: Provisions regarding the registration of the easement with the land office
11. Execution: Formal execution clause and signing requirements
1. Insurance: Insurance requirements if specific coverage is needed for the easement area
2. Development Rights: Provisions regarding future development of either property and its impact on the easement
3. Assignment: Rights and restrictions regarding the transfer or assignment of easement rights
4. Temporary Access: Provisions for temporary additional access rights during construction or maintenance
5. Dispute Resolution: Specific procedures for resolving disputes related to the easement
6. Environmental Provisions: Special provisions relating to environmental protection or compliance
7. Termination Rights: Specific circumstances under which the easement may be terminated
8. Compensation: Provisions for compensation in case of damage or interference with the easement
1. Schedule 1 - Property Details: Detailed legal description of both the dominant and servient lands, including title particulars
2. Schedule 2 - Easement Area Plan: Survey plan or diagram showing the exact location and dimensions of the easement area
3. Schedule 3 - Specific Rights and Restrictions: Detailed list of permitted and prohibited activities within the easement area
4. Schedule 4 - Maintenance Schedule: Detailed maintenance requirements and schedules if applicable
5. Appendix A - Form 17A: Statutory form required under the National Land Code for registration
6. Appendix B - Photographs: Current photographs of the easement area and relevant features
7. Appendix C - Technical Specifications: Technical requirements for any structures or improvements within the easement area
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