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Right Of Way Agreement

Right Of Way Agreement Template for Ireland

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Key Requirements PROMPT example:

Right Of Way Agreement

"I need a Right of Way Agreement for agricultural access across my neighbor's land to reach my farmland, including provisions for heavy machinery access and seasonal usage restrictions from March 2025 to October 2025."

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Document background
A Right of Way Agreement is essential when one party needs to secure legal access across another's property in Ireland. This document is commonly used in various scenarios, such as accessing landlocked properties, establishing shared driveways, or securing utility access routes. The agreement must comply with Irish property law, particularly the Land and Conveyancing Law Reform Act 2009 and the Registration of Title Act 1964. It typically includes detailed specifications of the right of way route, permitted uses, maintenance responsibilities, and any restrictions. The Right of Way Agreement is crucial for preventing future disputes and ensuring clear, enforceable access rights that run with the land. It requires careful drafting to ensure it meets both legal requirements and practical needs while protecting all parties' interests.
Suggested Sections

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

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

3. Definitions: Definitions of key terms used throughout the agreement, including 'Property', 'Right of Way', 'Permitted Use', etc.

4. Grant of Right of Way: Specific details of the right of way being granted, including precise description of the route and permitted uses

5. Duration and Nature of Rights: Whether the right is permanent or temporary, and specification of it running with the land

6. Permitted Uses: Detailed specification of allowed activities and uses of the right of way

7. Restrictions and Limitations: Specific restrictions on use, including weight limits, time restrictions, etc.

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

9. Insurance and Liability: Requirements for insurance coverage and allocation of liability

10. Termination: Circumstances under which the agreement can be terminated and the process for termination

11. Governing Law: Confirmation that the agreement is governed by Irish law

12. Execution: Signature blocks and execution formalities

Optional Sections

1. Temporary Access Provisions: Used when temporary modifications to the right of way may be needed for maintenance or construction

2. Cost Sharing: Used when maintenance or repair costs are to be shared between parties

3. Alternative Route Provisions: Used when alternative routes may be needed in specific circumstances

4. Development Rights: Used when future development of either property needs to be addressed

5. Utilities: Used when the right of way includes access for utilities or services

6. Environmental Provisions: Used when specific environmental concerns or protections need to be addressed

7. Dispute Resolution: Used when specific dispute resolution procedures are required beyond court jurisdiction

Suggested Schedules

1. Schedule 1 - Plan: Detailed plan or map showing the exact route and dimensions of the right of way

2. Schedule 2 - Property Descriptions: Detailed legal descriptions of both the servient and dominant properties

3. Schedule 3 - Photographs: Current photographs of the right of way route and any relevant features

4. Schedule 4 - Maintenance Schedule: Detailed maintenance requirements and schedules

5. Schedule 5 - Special Conditions: Any special conditions or requirements specific to this right of way

6. Appendix A - Planning Permissions: Copies of relevant planning permissions or consents

7. Appendix B - Historical Rights: Documentation of any historical or pre-existing rights of way

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

Agriculture

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Utilities

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Relevant Teams

Legal

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Property Management

Facilities Management

Planning & Development

Infrastructure

Operations

Compliance

Risk Management

Corporate Services

Relevant Roles

Property Lawyer

Real Estate Manager

Land Surveyor

Property Developer

Facilities Manager

Estate Agent

Planning Consultant

Legal Counsel

Property Rights Specialist

Land Registry Officer

Construction Manager

Infrastructure Manager

Agricultural Advisor

Asset Manager

Industries






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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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