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Temporary Easement Agreement

Temporary Easement Agreement Template for England and Wales

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Key Requirements PROMPT example:

Temporary Easement Agreement

"I need a Temporary Easement Agreement for a construction project where we require access over our neighbor's land to bring in materials and equipment for 6 months starting March 2025, with specific provisions for heavy machinery access and working hours restrictions."

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Document background
A Temporary Easement Agreement is used when one party needs temporary rights over another's property for a specific purpose. This document, governed by English and Welsh law, sets out the nature of the rights granted, their duration, any restrictions or conditions, and any payment terms. It's particularly important in construction, infrastructure, and development projects where temporary access or rights are needed. The agreement must comply with property law requirements and usually includes detailed plans and specifications of the rights granted.
Suggested Sections

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

2. Background: Context of the agreement and purpose of the temporary easement

3. Definitions: Key terms used throughout the agreement including defined terms from relevant legislation

4. Grant of Rights: Specific rights being granted and their nature, including any restrictions or limitations

5. Duration: Term of the temporary easement including start and end dates

6. Consideration: Payment or other consideration for the grant of easement

7. Covenants by Grantor: Obligations and promises made by the party granting the easement

8. Covenants by Grantee: Obligations and promises made by the party receiving the easement rights

9. Termination: Circumstances under which the easement may be terminated and the process for termination

Optional Sections

1. Maintenance Obligations: Specific maintenance requirements for the easement area and any associated infrastructure

2. Insurance Requirements: Insurance obligations of either party relating to the easement area and activities

3. Environmental Provisions: Environmental protection measures and compliance requirements

4. Rights of Access: Additional access rights beyond the main easement provisions

5. Registration: Provisions regarding Land Registry registration requirements and processes

Suggested Schedules

1. Schedule 1 - Plan: Detailed plan showing the extent of the easement area and relevant boundaries

2. Schedule 2 - Permitted Uses: Detailed description of permitted activities and uses under the easement

3. Schedule 3 - Special Conditions: Any specific conditions or restrictions applicable to the easement

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: Key legislation governing easements in England and Wales, particularly sections 1(2) and 62 regarding legal estates and implied rights, and section 65 regarding creation of easements

Land Registration Act 2002: Regulates the registration requirements for temporary easements, including provisions regarding notice and priority

Re Ellenborough Park [1956]: Landmark case establishing the four essential characteristics of easements: dominant and servient tenements, accommodation of dominant tenement, different owners/occupiers, and capability of forming subject matter of a grant

Perpetuities and Accumulations Act 2009: Governs duration limitations for property interests including temporary easements

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

Town and Country Planning Act 1990: Planning legislation that may be relevant depending on the intended use of the easement

Environmental Protection Act 1990: Environmental legislation that may need to be considered depending on the nature and impact of the easement

HM Land Registry Practice Guide 62: Official guidance on easements, including requirements for plans and identification of land affected by the easement

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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