The Easement Contract is a crucial legal instrument in Malaysian property law, used when one party needs specific rights over another's property without acquiring ownership. This document is essential in scenarios such as providing access to landlocked property, allowing utility installations, or establishing rights of way. The contract must comply with the National Land Code 1965 and other relevant Malaysian legislation, requiring careful consideration of land titles, registration requirements, and local authority regulations. Common applications include utility company access rights, shared driveways, and infrastructure development. The document typically requires registration with the land office and may need local authority approval depending on the easement's nature.
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1. Parties: Identification of the dominant landowner (grantee) and servient landowner (grantor), including full legal names, registration numbers if applicable, and addresses
2. Background: Context of the easement agreement, including description of both properties and the purpose of the easement
3. Definitions: Key terms used throughout the agreement, including technical terms and specific references to land titles
4. Grant of Easement: Specific rights being granted, including the nature and extent of the easement
5. Duration: Term of the easement, whether perpetual or for a specific period
6. Rights and Obligations: Detailed responsibilities of both parties regarding the use and maintenance of the easement area
7. Maintenance and Repairs: Responsibilities for maintaining the easement area and cost allocation
8. Insurance and Liability: Insurance requirements and allocation of risks between parties
9. Registration: Provisions for registration of the easement with relevant land authorities
10. Dispute Resolution: Procedures for resolving disputes between parties
11. Governing Law: Confirmation of Malaysian law as governing law and jurisdiction
1. Development Rights: Used when future development of either property needs to be addressed, specifying any restrictions or requirements
2. Temporary Access: Include when temporary additional access rights are needed during construction or specific events
3. Utilities: Required when the easement involves utility installations or access
4. Environmental Obligations: Include when environmental protection measures are necessary
5. Compensation: Used when periodic or one-time payment is required for the easement rights
6. Assignment Rights: Include when transfer rights need to be specifically addressed
7. Termination: Include when specific termination conditions need to be outlined beyond statutory provisions
1. Schedule 1 - Property Details: Detailed legal description of both properties including title details and lot numbers
2. Schedule 2 - Easement Area Plan: Survey plan or drawing showing the exact location and dimensions of the easement area
3. Schedule 3 - Permitted Uses: Detailed description of allowed activities and uses within the easement area
4. Schedule 4 - Maintenance Schedule: Detailed maintenance requirements and schedules if applicable
5. Appendix A - Technical Specifications: Technical requirements for any structures or installations within the easement area
6. Appendix B - Photographs: Current condition photographs of the easement area
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