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Perpetual Right Of Way Agreement

Perpetual Right Of Way Agreement Template for United Arab Emirates

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Key Requirements PROMPT example:

Perpetual Right Of Way Agreement

"I need a Perpetual Right of Way Agreement under UAE law for a telecommunications company to access and maintain fiber optic cables across private agricultural land in Abu Dhabi, with the agreement to take effect from March 1, 2025."

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Document background
The Perpetual Right of Way Agreement is essential in situations where permanent access rights over property need to be established under UAE law. This document is commonly used in infrastructure projects, property development, utility installations, or where long-term access across one property to reach another is required. It must comply with UAE federal laws, including the Civil Code (Federal Law No. 5 of 1985) and relevant emirate-specific property registration requirements. The agreement includes detailed specifications of the right of way area, permitted uses, maintenance obligations, and registration requirements. It's designed to create a lasting legal interest in land that remains valid despite changes in property ownership, making it particularly important for long-term infrastructure and development projects in the UAE.
Suggested Sections

1. Parties: Identification of the grantor (property owner) and grantee (beneficiary of the right of way), including full legal names and registration details

2. Background: Context of the agreement, description of the properties involved, and the purpose of granting the right of way

3. Definitions: Definitions of key terms including 'Right of Way Area', 'Permitted Use', 'Access Times', and other relevant terms

4. Grant of Right of Way: Express grant of the perpetual right of way, including the specific rights being granted and their perpetual nature

5. Extent and Nature of Rights: Detailed description of the permitted uses, access times, and any restrictions on the use of the right of way

6. Registration and Legal Effect: Provisions regarding the registration of the right of way with relevant authorities and its binding effect on successors in title

7. Maintenance and Repair: Obligations regarding maintenance, repair, and upkeep of the right of way area

8. Costs and Expenses: Allocation of costs related to maintenance, repair, registration, and other expenses

9. Liability and Indemnification: Provisions regarding liability for damage, insurance requirements, and indemnification obligations

10. Governing Law and Jurisdiction: Specification of UAE law as governing law and jurisdiction for dispute resolution

Optional Sections

1. Temporary Suspension Rights: Include when temporary suspension of access might be needed for maintenance or safety reasons

2. Development Rights: Include when future development of either property might affect the right of way

3. Environmental Obligations: Include when the right of way area includes environmentally sensitive areas or specific environmental compliance is required

4. Security Arrangements: Include when specific security measures or protocols need to be followed when using the right of way

5. Utilities: Include when the right of way involves or affects utility installations or access

6. Alternative Access: Include when temporary alternative access arrangements need to be specified

Suggested Schedules

1. Plan of Right of Way: Detailed plan showing the exact location, dimensions, and extent of the right of way area

2. Land Registration Details: Details of the affected properties including title numbers, plot numbers, and registration particulars

3. Permitted Uses: Detailed list of permitted activities and uses within the right of way area

4. Maintenance Schedule: Detailed maintenance obligations and schedules for the right of way area

5. Photos and Condition Report: Photographs and description of the initial condition of the right of way area

6. Required Insurances: Details of insurance requirements and minimum coverage levels

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 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

Infrastructure

Energy

Telecommunications

Utilities

Construction

Mining

Agriculture

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Residential Development

Transportation

Oil & Gas

Relevant Teams

Legal

Real Estate

Operations

Facilities Management

Property Management

Development

Infrastructure

Compliance

Project Management

Asset Management

Construction

Relevant Roles

Legal Counsel

Property Manager

Real Estate Director

Facilities Manager

Operations Manager

Development Director

Infrastructure Manager

Land Surveyor

Project Manager

Asset Manager

Compliance Officer

Property Rights Specialist

Land Registration Officer

Construction Manager

Industries






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