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Temporary Right Of Way Agreement

Temporary Right Of Way Agreement Template for Ireland

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Key Requirements PROMPT example:

Temporary Right Of Way Agreement

"I need a Temporary Right of Way Agreement for accessing a construction site through neighboring farmland in County Cork, with heavy vehicle access required from March 2025 to December 2025, including specific provisions for soil protection and crop damage compensation."

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Document background
The Temporary Right of Way Agreement is a crucial legal instrument in Irish property law, used when one party requires temporary access across another's property for specific purposes such as construction, maintenance, or development work. This document is essential when permanent easements are unnecessary but formal access arrangements are required for a defined period. It provides legal protection for both property owners and those requiring access, clearly defining the scope, duration, and conditions of the temporary right of way. The agreement includes detailed specifications of the access route, usage restrictions, insurance requirements, and restoration obligations, ensuring compliance with Irish property law and local authority requirements. This type of agreement is particularly valuable in construction projects, infrastructure development, and temporary access arrangements where clear legal frameworks are necessary to protect all parties' interests.
Suggested Sections

1. Parties: Identification of the Grantor (landowner) and Grantee (party receiving right of way), including full legal names and addresses

2. Background: Context of the agreement, including the purpose for which the temporary right of way is required

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

4. Grant of Right: Specific details of the temporary right of way being granted, including exact route and purpose

5. Term and Termination: Duration of the temporary right of way and circumstances under which it can be terminated

6. Permitted Use: Specific description of how the right of way may be used, including any restrictions or limitations

7. Maintenance and Repair: Responsibilities for maintaining the right of way area during the term

8. Insurance and Liability: Insurance requirements and allocation of liability between parties

9. Costs and Compensation: Financial arrangements, including any fees or compensation for the right of way

10. Representations and Warranties: Standard warranties regarding authority to enter agreement and condition of land

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

12. Execution: Signature blocks and execution provisions

Optional Sections

1. Construction Requirements: Include when temporary structures or modifications are needed to establish the right of way

2. Environmental Protection: Include when the right of way crosses or affects environmentally sensitive areas

3. Shared Use Provisions: Include when other parties retain right to use the same area

4. Security Measures: Include when specific security arrangements are required for the right of way

5. Restoration Obligations: Include when specific land restoration requirements apply after termination

6. Emergency Access: Include when special provisions for emergency access need to be detailed

7. Utilities: Include when the right of way involves or affects utility services

8. Planning Compliance: Include when specific planning permissions or compliance requirements apply

Suggested Schedules

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

2. Schedule 2 - Property Description: Legal description of the affected property and specific area of the right of way

3. Schedule 3 - Special Conditions: Any specific conditions or requirements for the use of the right of way

4. Schedule 4 - Insurance Requirements: Detailed insurance requirements and minimum coverage levels

5. Schedule 5 - Access Times: Specific times and conditions when the right of way may be accessed

6. Appendix A - Photographs: Photographs documenting the initial condition of the right of way area

7. Appendix B - Maintenance Schedule: Detailed maintenance requirements and schedule

8. Appendix C - Contact Details: Contact information for key personnel from both parties

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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Property Manager

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Construction Project Manager

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