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Temporary Right Of Way Agreement

Temporary Right Of Way Agreement Template for England and Wales

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Key Requirements PROMPT example:

Temporary Right Of Way Agreement

"I need a Temporary Right of Way Agreement to allow construction vehicles to access our development site through neighboring farmland from March 2025 to December 2025, with specific provisions for maintaining the access route and restoring any damage."

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Document background
A Temporary Right of Way Agreement is essential when one party requires temporary access across another's land for specific purposes such as construction, maintenance, or development work. This agreement, governed by English and Welsh law, provides a formal framework for managing temporary access rights while protecting both parties' interests. It typically includes detailed provisions about the route, duration, permitted uses, maintenance obligations, and insurance requirements. The agreement ensures compliance with property law while providing flexibility for temporary arrangements.
Suggested Sections

1. Parties: Details of the grantor and grantee of the right of way

2. Background: Context and purpose of the temporary right of way

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

4. Grant of Right: Specific details of the temporary right being granted, including any restrictions and conditions

5. Duration: Term of the temporary right and any extension provisions

6. Permitted Use: Specific purposes for which the right of way may be used and any limitations

7. Termination: Circumstances under which the right can be terminated and the process for termination

8. Governing Law: Confirmation that the agreement is governed by the laws of England and Wales

Optional Sections

1. Maintenance Obligations: Used when specific maintenance requirements need to be allocated between the parties

2. Insurance Requirements: Details of required insurance coverage and obligations of either party

3. Alternative Routes: Provisions for alternative access routes in case of temporary obstruction or maintenance

4. Health and Safety: Specific health and safety requirements for using the right of way

5. Environmental Protection: Specific provisions relating to environmental protection and compliance

Suggested Schedules

1. Schedule 1 - Plan: Detailed plan showing the exact route of the temporary right of way

2. Schedule 2 - Permitted Times of Use: Schedule detailing permitted access times and any restrictions

3. Schedule 3 - Maintenance Schedule: Details of any required maintenance activities and responsibilities

4. Schedule 4 - Photographic Schedule: Photos documenting the current condition of the route

5. Schedule 5 - Insurance Requirements: Detailed 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
Relevant legal definitions




















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Relevant Industries
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Relevant Roles
Industries

Law of Property Act 1925: Primary legislation governing easements and rights over land, including requirements for legal interests in land

Land Registration Act 2002: Establishes requirements for registration of rights over land and determines priority of interests

Highways Act 1980: Contains provisions relating to public rights of way and temporary/permanent diversions

Access to Neighbouring Land Act 1992: Regulates rights of access for maintenance and repair purposes

Common Law Principles - Easements: Legal principles established through case law regarding easements, distinctions between licenses and easements, and requirements for valid rights of way

Town and Country Planning Act 1990: Planning legislation that may affect temporary rights of way, including requirements for planning permissions

Environmental Protection Act 1990: Environmental considerations that must be taken into account when establishing temporary rights of way

Wildlife and Countryside Act 1981: Protection of wildlife and natural habitats that may be affected by temporary rights of way

Occupiers' Liability Acts 1957 and 1984: Establishes duties of care owed to both lawful visitors and trespassers using the right of way

Health and Safety at Work Act 1974: Health and safety requirements that must be considered if the right of way affects or is used for work purposes

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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