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Right Of Way Easement Agreement Form
"I need a Right of Way Easement Agreement Form for my residential property in Auckland, granting vehicle access to my neighbor's property through my driveway, with shared maintenance costs and restrictions on heavy vehicles."
1. Parties: Identifies the grantor (owner of the servient tenement) and grantee (owner of the dominant tenement) with full legal names and addresses
2. Background: Explains the context of the easement, including property ownership details and the purpose for granting the right of way
3. Definitions and Interpretation: Defines key terms used in the agreement, including 'Right of Way', 'Servient Tenement', 'Dominant Tenement', and other relevant terms
4. Grant of Easement: Formally establishes the right of way easement, specifying the nature and extent of the rights granted
5. Terms of Use: Specifies how the right of way may be used, including any restrictions on time of use, type of vehicles, or purpose
6. Maintenance and Repair: Details responsibilities for maintaining the right of way, including cost sharing arrangements
7. Insurance and Liability: Outlines insurance requirements and allocation of liability for accidents or damage
8. Duration and Registration: Specifies the term of the easement and requirements for registration with Land Information New Zealand
9. Costs: Allocates costs related to the creation, registration, and ongoing administration of the easement
10. Dispute Resolution: Establishes procedures for resolving disputes between parties
11. Execution: Formal signing section including attestation requirements
1. Construction Requirements: Used when the right of way needs to be constructed or improved, specifying standards and responsibilities
2. Utilities and Services: Required when the easement includes rights for utility services or infrastructure
3. Weight and Vehicle Restrictions: Included when specific limitations on vehicle types or weights need to be imposed
4. Environmental Protection: Used when specific environmental considerations need to be addressed
5. Subdivision Provisions: Required when the easement needs to address future subdivision possibilities
6. Third Party Rights: Included when others (besides the primary parties) need access rights
7. Temporary Access Provisions: Used when temporary alternative access arrangements need to be specified during construction or maintenance
1. Schedule 1: Land Registration Details: Contains legal descriptions of both the dominant and servient tenements, including title references
2. Schedule 2: Right of Way Plan: Survey plan or diagram showing the exact location and dimensions of the right of way
3. Schedule 3: Construction Specifications: Detailed specifications for construction or maintenance standards of the right of way
4. Schedule 4: Maintenance Schedule: Detailed breakdown of maintenance responsibilities and cost-sharing arrangements
5. Appendix A: Photographs: Current photographs of the right of way area and any existing structures
6. Appendix B: Council Approvals: Copies of relevant local authority permits or approvals
Authors
Real Estate
Property Development
Agriculture
Construction
Infrastructure
Mining
Forestry
Urban Planning
Legal Services
Local Government
Land Surveying
Commercial Property
Legal
Property Management
Real Estate
Development
Planning
Construction
Operations
Compliance
Land Administration
Infrastructure
Property Lawyer
Real Estate Agent
Property Developer
Land Surveyor
Urban Planner
Property Manager
Construction Manager
Legal Counsel
Conveyancing Lawyer
Resource Management Consultant
Local Council Officer
Property Valuer
Farm Manager
Mining Engineer
Infrastructure Manager
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