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Property Easement Agreement Template for Netherlands

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Key Requirements PROMPT example:

Property Easement Agreement

"I need a Property Easement Agreement for a right of way across my commercial property in Amsterdam to allow neighboring business access to their parking facility, with specific provisions for maintenance cost sharing and access limited to business hours."

Document background
The Property Easement Agreement is a crucial legal instrument in Dutch property law, used when one property requires specific rights over another property for purposes such as access, utilities, or other necessary uses. This document type is essential in situations where permanent rights need to be established that will run with the land, regardless of future ownership changes. The agreement must comply with the Dutch Civil Code and requires notarial execution and registration with the Cadastre (Kadaster). It typically includes detailed descriptions of the properties involved, specific rights granted, maintenance obligations, and any restrictions or conditions. Common applications include rights of way, utility connections, and support rights for structures. The document must be drafted with precision to ensure enforceability and clear understanding of all parties' rights and obligations under Dutch law.
Suggested Sections

1. Parties: Identification of the dominant estate owner (entitled to the easement) and servient estate owner (whose property is burdened), including full legal names, addresses, and registration details

2. Background: Context of the agreement, including description of both properties and the purpose of the easement

3. Definitions: Definitions of key terms used throughout the agreement, including technical terms and property-specific references

4. Grant of Easement: Explicit declaration of the easement grant, including precise description of the rights being conveyed

5. Nature and Scope of the Easement: Detailed description of permitted uses, physical extent of the easement, and any limitations

6. Duration: Term of the easement (typically perpetual) and any conditions affecting its duration

7. Maintenance and Repairs: Responsibilities for maintaining the easement area and cost allocation between parties

8. Access Rights: Specifications about when and how the dominant estate owner may access the easement area

9. Costs and Expenses: Distribution of costs related to the easement's creation, maintenance, and any necessary modifications

10. Registration: Provisions regarding registration of the easement with the Dutch Cadastre

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

12. Execution: Signature blocks and notarial requirements for valid execution

Optional Sections

1. Insurance: Required when specific insurance coverage is needed for activities within the easement area

2. Environmental Provisions: Include when the easement affects protected areas or involves environmental considerations

3. Construction Rights: Necessary when the easement includes rights to construct or maintain specific structures

4. Temporary Rights: Include when temporary additional rights are needed during construction or maintenance periods

5. Assignment Rights: Include when special provisions regarding transfer of rights are needed beyond standard property law

6. Dispute Resolution: Optional specific procedures for resolving disputes, beyond standard court jurisdiction

7. Termination Rights: Include when specific termination conditions are agreed beyond statutory provisions

8. Heritage Provisions: Required when the property has historical or cultural significance affecting the easement

Suggested Schedules

1. Schedule 1 - Property Plans: Cadastral maps and plans showing the exact location and dimensions of the easement area

2. Schedule 2 - Technical Specifications: Detailed technical requirements for any constructions or installations within the easement area

3. Schedule 3 - Photographic Documentation: Current condition of the easement area and relevant property features

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

5. Appendix A - Cadastral Documentation: Copies of relevant cadastral records and property registration details

6. Appendix B - Permits and Approvals: Copies of any required governmental or regulatory approvals

7. Appendix C - Historical Documentation: Any relevant historical or heritage documentation affecting the easement

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

Relevant legal definitions


















































Clauses






























Relevant Industries

Real Estate

Construction

Infrastructure

Agriculture

Energy

Telecommunications

Utilities

Commercial Property

Residential Property

Industrial

Environmental Services

Heritage and Conservation

Relevant Teams

Legal

Real Estate

Facilities Management

Property Development

Construction

Environmental Compliance

Asset Management

Infrastructure

Property Administration

Risk Management

Compliance

Relevant Roles

Property Lawyer

Real Estate Manager

Facilities Manager

Property Developer

Construction Manager

Land Surveyor

Environmental Consultant

Urban Planner

Property Rights Specialist

Asset Manager

Infrastructure Manager

Legal Counsel

Notary

Cadastral Registration Officer

Property Rights Administrator

Industries






Teams

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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