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Agreement For Easement Right Of Way
"I need an Agreement for Easement Right of Way for a rural property in New South Wales, where we need to grant access to a telecommunications company to install and maintain fiber optic cables across our land, with the agreement to commence from March 2025."
1. Parties: Identifies and provides full details of the grantor (property owner) and grantee (beneficiary of the easement)
2. Background: Explains the context and purpose for creating the easement, including property details and reasons for granting right of way
3. Definitions: Defines key terms used throughout the agreement including 'Easement Area', 'Permitted Use', and other relevant terminology
4. Grant of Easement: Formal declaration of the easement grant and its nature as a right of way
5. Rights and Obligations of Grantor: Specifies what the property owner must do or not do in relation to the easement
6. Rights and Obligations of Grantee: Details the rights and responsibilities of the party benefiting from the easement
7. Terms of Use: Specifies permitted uses, access times, and any restrictions on the use of the right of way
8. Duration and Termination: States whether the easement is permanent or temporary, and conditions for termination if applicable
9. Registration: Provisions regarding the registration of the easement on the property title
10. Costs: Allocation of costs related to the creation and registration of the easement
11. Governing Law: Specifies that the agreement is governed by Australian law and relevant state legislation
12. Execution: Formal signing requirements and attestation provisions
1. Maintenance and Repairs: Used when specific maintenance obligations need to be allocated between parties
2. Insurance: Required when specific insurance obligations need to be imposed on either party
3. Dispute Resolution: Include when parties want to specify particular dispute resolution procedures
4. Development Rights: Needed when future development of either property needs to be addressed
5. Shared Costs: Include when ongoing costs will be shared between parties
6. Environmental Obligations: Required when environmental protection measures need to be specified
7. Emergency Access: Include when special provisions for emergency access need to be detailed
1. Schedule 1 - Plan of Easement: Detailed survey plan showing the exact location, dimensions, and extent of the easement area
2. Schedule 2 - Property Details: Full legal description of both the burdened and benefited properties
3. Schedule 3 - Permitted Uses: Detailed description of all permitted activities and uses within the easement area
4. Schedule 4 - Special Conditions: Any specific conditions or requirements particular to this easement
5. Appendix A - Survey Report: Licensed surveyor's report describing the easement area
6. Appendix B - Council Approvals: Copies of relevant local council approvals or permits
7. Appendix C - Photographs: Current photographs of the easement area and relevant features
Authors
Real Estate
Property Development
Construction
Infrastructure
Agriculture
Mining
Utilities
Telecommunications
Commercial Property
Residential Property
Legal
Property
Real Estate
Development
Planning
Infrastructure
Operations
Facilities Management
Asset Management
Project Management
Property Lawyer
Real Estate Developer
Property Manager
Construction Manager
Land Surveyor
Planning Officer
Property Consultant
Legal Counsel
Conveyancer
Infrastructure Manager
Project Manager
Facilities Manager
Asset Manager
Development Manager
Town Planner
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