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Perpetual Easement Agreement

Perpetual Easement Agreement Template for England and Wales

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Key Requirements PROMPT example:

Perpetual Easement Agreement

"I need a Perpetual Easement Agreement to grant rights to my neighbor to access their property through my driveway, including rights to lay utility cables underneath, and we want to ensure maintenance responsibilities are clearly defined for both parties."

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Document background
A Perpetual Easement Agreement is essential when establishing permanent rights over land that will benefit another property. This document is commonly used in England and Wales when property owners need to create lasting arrangements for access, utilities, or other rights that will run with the land. The agreement must comply with strict legal requirements, including the four essential characteristics of easements established in Re Ellenborough Park [1956]. The document typically includes detailed plans, specific rights granted, maintenance obligations, and must be properly registered with the Land Registry to be enforceable against future owners.
Suggested Sections

1. Parties: Identifies the grantor (servient tenement owner) and grantee (dominant tenement owner)

2. Background: Context of the agreement and description of the properties involved

3. Definitions: Key terms used throughout the agreement including property descriptions, easement area, and permitted uses

4. Grant of Easement: Specific rights being granted and their nature, including the perpetual character of the grant

5. Duration and Perpetual Nature: Confirmation of perpetual nature of the easement and its binding effect on successors in title

6. Maintenance and Repair: Responsibilities for maintaining the easement area and cost allocation between parties

7. Covenants: Promises and obligations of both parties regarding use and maintenance of the easement

Optional Sections

1. Consideration: Payment details for the grant of easement, if applicable

2. Insurance: Insurance requirements and obligations for both parties

3. Termination: Circumstances under which the easement may be terminated or modified

4. Registration: Provisions regarding Land Registry registration requirements and procedures

Suggested Schedules

1. Schedule 1 - Plan: Detailed plan showing the easement area and affected properties

2. Schedule 2 - Rights Granted: Detailed description of the specific rights being granted

3. Schedule 3 - Maintenance Obligations: Detailed maintenance requirements and responsibilities

4. Appendix A - Land Registry Compliant Plan: Plan meeting Land Registry requirements for registration purposes

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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Law of Property Act 1925: Core legislation defining legal estates and interests in land, including Sections 1(2) and 1(4) for legal estates, Section 62 for implied rights, and Section 205(1)(ix) defining easements

Land Registration Act 2002: Governs the registration requirements for easements, including provisions for notices and restrictions in the land register

Land Charges Act 1972: Specifies registration requirements for easements over unregistered land

Re Ellenborough Park [1956] Common Law Requirements: Landmark case establishing four essential characteristics for valid easements: dominant and servient tenements, accommodation of dominant tenement, different owners, and capability of being granted

Perpetuities and Accumulations Act 2009: Relevant for understanding perpetual interests in land, though perpetual easements are exempt from the rule against perpetuities

Law of Property (Miscellaneous Provisions) Act 1989: Contains Section 2 regarding formal requirements for creating legal interests in land

The Land Registration Rules 2003: Details the procedural requirements for registering easements and other land interests

Town and Country Planning Act 1990: Planning law considerations that may affect the creation and use of easements

Teams

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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