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Shared Easement Agreement

Shared Easement Agreement Template for New Zealand

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Key Requirements PROMPT example:

Shared Easement Agreement

"I need a Shared Easement Agreement for a residential property development in Auckland, covering a shared driveway between three properties, with specific provisions for maintenance cost sharing and vehicle weight restrictions."

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Document background
A Shared Easement Agreement is essential when multiple property owners need to share access rights or facilities over a specific portion of land in New Zealand. This document type is commonly used in situations involving shared driveways, access ways, utility installations, or other shared facilities. The agreement must comply with New Zealand's Property Law Act 2007 and Land Transfer Act 2017, ensuring proper registration and enforcement of easement rights. It includes crucial details about maintenance responsibilities, cost sharing, usage rights, and dispute resolution mechanisms. The Shared Easement Agreement is particularly important in urban developments, subdivisions, and multi-unit properties where shared access and facilities are common, providing a clear legal framework for managing shared property rights and responsibilities.
Suggested Sections

1. Parties: Identifies all parties to the agreement, including their legal names and addresses

2. Background: Explains the context of the agreement, including property details and purpose of the easement

3. Definitions and Interpretation: Defines key terms used in the agreement and sets out interpretation rules

4. Grant of Easement: Formally creates and defines the easement rights being granted

5. Nature and Extent of Rights: Details the specific rights granted under the easement

6. Maintenance and Repair: Sets out obligations for maintaining the easement area

7. Cost Sharing: Establishes how costs related to the easement will be shared between parties

8. Insurance: Specifies insurance requirements for the easement area

9. Dispute Resolution: Outlines the process for resolving disputes between parties

10. General Provisions: Contains standard legal provisions including notices, amendments, and governing law

Optional Sections

1. Development Rights: Include when future development of adjacent land is anticipated

2. Utilities: Include when the easement involves shared utilities or services

3. Vehicle Parking: Include when the easement involves shared parking areas

4. Weight Restrictions: Include when there are specific weight or vehicle type restrictions

5. Environmental Obligations: Include when there are specific environmental considerations or requirements

6. Security Arrangements: Include when shared security measures are needed

7. Third Party Rights: Include when third parties may need access rights

Suggested Schedules

1. Schedule 1 - Land Details: Legal descriptions of all affected properties and title references

2. Schedule 2 - Easement Area Plan: Survey plan or diagram showing the exact location and dimensions of the easement

3. Schedule 3 - Maintenance Schedule: Detailed maintenance requirements and frequencies

4. Schedule 4 - Cost Allocation Formula: Detailed breakdown of how shared costs are to be calculated and allocated

5. Schedule 5 - Permitted Uses: Specific details of permitted and prohibited activities within the easement area

6. Appendix A - Council Approvals: Copies of relevant council consents or approvals

7. Appendix B - Photographs: Current photographs of the easement area documenting its condition

Authors

Alex Denne

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

alex.den.21@genieai.co
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Relevant Industries

Real Estate

Property Development

Construction

Infrastructure

Agriculture

Commercial Property

Residential Property

Urban Planning

Utilities

Relevant Teams

Legal

Property Management

Facilities Management

Development

Operations

Asset Management

Project Management

Planning

Construction

Real Estate

Relevant Roles

Property Lawyer

Real Estate Developer

Property Manager

Facilities Manager

Construction Manager

Urban Planner

Property Consultant

Legal Counsel

Conveyancing Lawyer

Site Manager

Project Manager

Asset Manager

Development Manager

Operations Manager

Industries





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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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