The Temporary Right of Way Agreement is a crucial legal instrument used when temporary access to property is required for specific purposes such as construction, utility work, or infrastructure development. This agreement, governed by U.S. federal and state property laws, provides a structured framework for granting and managing temporary access rights while protecting the interests of both property owners and access recipients. The document typically includes detailed specifications about the area of access, duration, compensation, maintenance responsibilities, and restoration requirements. It is particularly important in situations where temporary access is needed without establishing permanent easement rights.
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1. Parties: Identification of the grantor (property owner) and grantee (party receiving right of way)
2. Background: Context of the agreement and purpose of the temporary right of way
3. Definitions: Key terms used throughout the agreement
4. Grant of Right of Way: Specific details of the temporary right of way being granted
5. Term and Duration: Timeframe for which the right of way is granted
6. Compensation: Payment terms for the right of way
7. Use Restrictions: Limitations on how the right of way may be used
8. Maintenance and Repair: Responsibilities for maintaining the right of way area
1. Insurance Requirements: Insurance obligations of the grantee - used when the right of way involves significant liability risks
2. Environmental Provisions: Environmental protection requirements - used when environmentally sensitive areas are involved
3. Assignment Rights: Rights to transfer the temporary right of way - used when transfer rights might be needed
4. Security Requirements: Security measures for the right of way area - used when security is a concern
1. Schedule A - Property Description: Legal description of the property and right of way area
2. Schedule B - Site Plan: Drawings or maps showing the right of way location
3. Schedule C - Compensation Schedule: Detailed breakdown of compensation terms
4. Schedule D - Insurance Requirements: Specific insurance coverage requirements
5. Schedule E - Special Conditions: Any specific conditions or requirements particular to this right of way
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