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Easement And Right Of Way Agreement
"I need an Easement and Right of Way Agreement for a shared driveway between two residential properties in Auckland, New Zealand, with the easement to commence from March 2025 and include provisions for shared maintenance costs."
1. Parties: Identifies the grantor (owner of the burdened land) and grantee (beneficiary of the easement), including full legal names and addresses
2. Background: Explains the context of the agreement, describes the relevant properties, and states the intention to create the easement
3. Definitions: Defines key terms used throughout the agreement, including 'Easement Area', 'Permitted Use', 'Servient Tenement', and 'Dominant Tenement'
4. Grant of Easement: Formal creation of the easement rights, specifying the nature and extent of the permitted use
5. Rights and Obligations: Details the specific rights granted and obligations of both parties regarding the use of the easement
6. Maintenance and Repair: Specifies responsibilities for maintaining the easement area and allocating costs
7. Insurance and Liability: Outlines insurance requirements and allocation of liability for incidents within the easement area
8. Duration and Registration: Specifies the term of the easement and requirements for registration under the Land Transfer Act
9. Costs: Allocates costs related to the creation, registration, and ongoing administration of the easement
10. Dispute Resolution: Procedures for resolving disputes between parties regarding the easement
11. General Provisions: Standard legal provisions including governing law, notices, and amendment procedures
1. Construction Rights: Temporary rights for initial construction or installation of services - include when initial works are required
2. Shared Access Provisions: Additional provisions for managing shared access when multiple parties use the right of way
3. Environmental Protection: Specific provisions for environmental protection - include when the easement area contains sensitive environmental features
4. Cultural Heritage Protection: Provisions protecting cultural or heritage sites - include when relevant cultural or historic features exist
5. Development Rights: Provisions for future development or modification - include when future changes are anticipated
6. Emergency Access: Special provisions for emergency access - include for essential service easements or critical access ways
7. Utilities and Services: Specific provisions for utility services - include when the easement involves water, power, or other utility access
1. Schedule 1: Land Details: Legal descriptions of the dominant and servient tenements, including title references
2. Schedule 2: Easement Plan: Survey plan or diagram showing the exact location and dimensions of the easement area
3. Schedule 3: Maintenance Schedule: Detailed breakdown of maintenance responsibilities and cost-sharing arrangements
4. Schedule 4: Special Conditions: Any specific conditions or restrictions on the use of the easement
5. Schedule 5: Rights and Powers: Detailed description of the specific rights and powers granted under the easement
6. Appendix A: Photographs: Current photographs of the easement area documenting its condition at the time of creation
7. Appendix B: Council Approvals: Copies of relevant local authority approvals or permits
Authors
Real Estate
Property Development
Infrastructure
Agriculture
Commercial Property
Residential Property
Energy & Utilities
Construction
Telecommunications
Mining & Resources
Legal
Property Management
Real Estate
Development
Operations
Facilities Management
Project Management
Asset Management
Infrastructure
Compliance
Property Lawyer
Real Estate Agent
Property Developer
Land Surveyor
Property Manager
Infrastructure Manager
Construction Manager
Legal Counsel
Conveyancing Lawyer
Town Planner
Asset Manager
Project Manager
Facilities Manager
Development Manager
Property Consultant
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