The Grant of Easement Form is a crucial legal instrument in Malaysian property law, used when one party needs to establish specific rights over another's property. This document is essential in various scenarios, such as providing access to landlocked properties, allowing utility companies to install and maintain infrastructure, or establishing shared access arrangements. The form must comply with the National Land Code 1965 and other relevant Malaysian legislation, requiring careful drafting to ensure enforceability and proper registration with land authorities. It includes comprehensive details about the properties involved, precise descriptions of the easement area, rights and obligations of all parties, and necessary technical specifications. This document is particularly important in Malaysia's developing property landscape, where infrastructure development and property rights need to be clearly defined and protected.
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1. Parties: Details of the Grantor (landowner) and Grantee (beneficiary) including full names, identification numbers, and addresses
2. Background: Brief context explaining the need for the easement and relationship between the properties
3. Definitions: Definitions of key terms used in the document including 'Easement Area', 'Permitted Use', 'Servient Land', and 'Dominant Land'
4. Grant of Easement: The formal grant of easement rights, specifying the nature and scope of the rights being granted
5. Term and Duration: Specification of whether the easement is permanent or temporary, and if temporary, its duration
6. Rights and Obligations of the Grantor: Detailed list of the landowner's obligations and retained rights
7. Rights and Obligations of the Grantee: Detailed list of the beneficiary's rights and responsibilities
8. Maintenance and Repair: Responsibilities for maintaining the easement area and associated costs
9. Registration: Provisions regarding the registration of the easement with the appropriate land office
10. Governing Law: Specification that the agreement is governed by Malaysian law
11. Execution: Formal execution block including witness requirements as per Malaysian law
1. Insurance: Requirements for insurance coverage when the easement involves significant risk or valuable infrastructure
2. Temporary Access Rights: Additional temporary access rights for construction or maintenance purposes
3. Costs and Expenses: Detailed breakdown of cost sharing arrangements between parties
4. Assignment: Rights and restrictions regarding the transfer of easement rights
5. Termination: Conditions under which the easement may be terminated (for temporary easements)
6. Dispute Resolution: Specific procedures for resolving disputes between parties
7. Indemnification: Provisions for indemnification against damages or losses
1. Schedule 1 - Property Details: Full legal description of both the servient and dominant lands including lot numbers, title details
2. Schedule 2 - Easement Area Plan: Detailed plan or survey showing the exact location and dimensions of the easement area
3. Schedule 3 - Permitted Uses: Detailed description of permitted activities and uses within the easement area
4. Schedule 4 - Special Conditions: Any special conditions or restrictions applying to the easement
5. Appendix A - Site Photographs: Photographs of the easement area and relevant features
6. Appendix B - Technical Specifications: Technical requirements for any structures or installations within the easement area
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