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Easement And Restrictive Covenant Template for Ireland

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Key Requirements PROMPT example:

Easement And Restrictive Covenant

"I need an Easement and Restrictive Covenant document for a right of way across my commercial property in Dublin to allow utility company access for maintaining underground power lines, while restricting any construction within 3 meters of the utility corridor."

Document background
An Easement And Restrictive Covenant document is essential in Irish property law when establishing formal rights over another's land while simultaneously imposing restrictions on its use. This document is typically required in scenarios such as shared access arrangements, utility installations, development projects, or conservation agreements. It must comply with the Land and Conveyancing Law Reform Act 2009 and other relevant Irish legislation, ensuring proper registration with the Land Registry. The document includes detailed property descriptions, maps, specific rights granted, use restrictions, maintenance obligations, and duration terms. It's particularly important in development contexts where long-term property rights need to be established and protected, and where specific land use restrictions need to be enforced for the benefit of neighboring properties or community interests.
Suggested Sections

1. Parties: Identification of the grantor (owner of the burdened land) and grantee (beneficiary of the easement/covenant)

2. Background: Context of the agreement, including description of the properties involved and purpose of the easement/covenant

3. Definitions: Definitions of key terms, including 'Dominant Land', 'Servient Land', 'Easement', 'Covenant', and other relevant terms

4. Grant of Easement: Specific details of the easement rights being granted, including purpose, extent, and any limitations

5. Restrictive Covenants: Detailed description of restrictions imposed on the servient land

6. Duration and Time Periods: Term of the easement and covenant, whether perpetual or time-limited

7. Access and Exercise of Rights: Specific conditions for exercising the easement rights

8. Maintenance and Repair: Obligations regarding maintenance of the easement area

9. Indemnities: Indemnification provisions for damage or liability arising from use of the easement

10. Registration: Provisions regarding registration of the easement/covenant with the Land Registry

11. General Provisions: Standard boilerplate clauses including governing law, entire agreement, and severability

Optional Sections

1. Payment Terms: Required if there is consideration for the grant of easement/covenant

2. Insurance: Insurance obligations if specific coverage is required for the easement area

3. Development Rights: Include when there are specific provisions about future development of either property

4. Environmental Provisions: Required when the easement/covenant involves environmental protection measures

5. Termination Rights: Include if the easement/covenant can be terminated under specific circumstances

6. Dispute Resolution: Specific dispute resolution procedures if different from standard court proceedings

7. Assignment and Transfer: Include if there are specific restrictions on transfer of rights

Suggested Schedules

1. Schedule 1 - Property Descriptions: Detailed legal descriptions of both the dominant and servient lands

2. Schedule 2 - Plan: Maps or plans showing the exact location and extent of the easement area

3. Schedule 3 - Permitted Uses: Detailed description of permitted activities within the easement area

4. Schedule 4 - Restricted Activities: Comprehensive list of activities prohibited under the restrictive covenant

5. Schedule 5 - Maintenance Schedule: Detailed maintenance requirements and responsibilities if applicable

6. Appendix A - Photographs: Current photographs of the easement area and relevant features

7. Appendix B - Necessary Consents: Copies of any required planning permissions or third-party consents

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Find the exact document you need

Easement And Restrictive Covenant

An Irish law document establishing property rights (easement) and use restrictions (covenant) over land, compliant with the Land and Conveyancing Law Reform Act 2009.

find out more

Covenant Agreement

An Irish law-governed agreement establishing binding obligations or restrictions on land use, typically running with the property and binding current and future owners.

find out more

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