The Simple Right of Way Agreement is a fundamental legal instrument in Nigerian property and infrastructure development. It is essential when one party needs to establish legal access across or use of another's property for specific purposes such as laying utility lines, creating access routes, or maintaining infrastructure. This document type is particularly relevant in Nigeria's context where land rights are governed by the Land Use Act 1978 and various state-level regulations. The agreement needs to comply with both federal and state requirements while addressing practical considerations such as community rights and traditional land usage patterns. Typically used by infrastructure companies, utilities providers, and property developers, the Simple Right of Way Agreement includes specific provisions for compensation, maintenance obligations, and duration of rights, while accounting for local Nigerian legal requirements and customs.
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1. Parties: Identification of the grantor (landowner) and grantee (party receiving right of way rights), including their legal capacity
2. Background: Context of the agreement, including brief description of the property and purpose of the right of way
3. Definitions: Key terms used in the agreement, including technical and legal definitions
4. Grant of Right of Way: Specific details of the right of way being granted, including dimensions, location, and permitted uses
5. Duration: Term of the agreement, including commencement date and any renewal provisions
6. Compensation: Payment terms for the right of way, including any periodic payments or one-time fees
7. Rights and Obligations: Detailed responsibilities of both parties regarding use, maintenance, and access
8. Insurance and Liability: Insurance requirements and allocation of risk between parties
9. Assignment: Terms governing whether and how rights can be transferred to other parties
10. Termination: Circumstances under which the agreement can be terminated and the process
11. Governing Law: Confirmation of Nigerian law as governing law and jurisdiction
12. Dispute Resolution: Process for resolving any disputes between the parties
13. Notices: How formal communications between parties should be made and delivered
1. Environmental Protection: Required when the right of way involves environmental risks or requires environmental permits
2. Construction Requirements: Needed when the right of way involves construction of infrastructure or modifications to the land
3. Crop Compensation: Required when the right of way affects agricultural land with existing crops
4. Utility Specifications: Necessary when the right of way is for utility installation or maintenance
5. Security Arrangements: Required in areas where security of infrastructure or personnel is a concern
6. Community Relations: Important when the right of way affects local communities or requires community engagement
7. Force Majeure: Optional clause dealing with unforeseen circumstances that may affect the right of way
1. Schedule 1 - Property Description: Detailed legal description of the property and right of way corridor, including surveys and coordinates
2. Schedule 2 - Maps and Plans: Technical drawings showing the exact location and dimensions of the right of way
3. Schedule 3 - Compensation Details: Detailed breakdown of compensation amounts and payment schedules
4. Schedule 4 - Permitted Uses: Specific list of authorized activities and uses within the right of way
5. Schedule 5 - Maintenance Schedule: Details of required maintenance activities and responsibilities
6. Appendix A - Required Permits: Copies or details of all necessary governmental and regulatory permits
7. Appendix B - Insurance Requirements: Specific insurance types and coverage amounts required
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