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Easement And Restrictive Covenant
"I need an Easement and Restrictive Covenant agreement for a utility corridor across agricultural land in Ontario, where ABC Power Company will install and maintain underground power lines while restricting the landowner's ability to build structures or plant deep-rooted vegetation in the easement area."
1. Parties: Identification of the grantor (owner of the servient tenement) and grantee (owner of the dominant tenement)
2. Background: Context of the agreement, description of the lands affected, and purpose of the easement/covenant
3. Definitions: Definitions of key terms used throughout the agreement, including property descriptions, permitted uses, and technical terms
4. Grant of Easement/Covenant: Specific details of the rights being granted or restrictions being imposed
5. Term and Duration: Period for which the easement/covenant will remain in effect
6. Rights and Obligations: Detailed description of the rights and responsibilities of both parties
7. Maintenance and Repairs: Responsibilities for maintaining the easement area or complying with covenant restrictions
8. Insurance and Liability: Insurance requirements and allocation of liability between parties
9. Enforcement: Mechanisms for enforcing the terms of the easement/covenant
10. Registration: Provisions regarding registration of the agreement on title
11. General Provisions: Standard contract clauses including notices, amendments, and governing law
1. Environmental Provisions: Additional provisions for environmental protection and compliance, used when the easement/covenant has environmental implications
2. Development Restrictions: Specific building or development restrictions, used when the covenant aims to control future development
3. Access Rights: Detailed access provisions, used when the easement involves complex access arrangements
4. Utilities: Provisions regarding utility installations and maintenance, used for utility easements
5. Conservation Provisions: Specific conservation requirements, used for conservation easements
6. Emergency Access: Special provisions for emergency access, used when public safety is a concern
7. Cost Sharing: Provisions for sharing maintenance or improvement costs, used when costs are to be allocated between parties
1. Schedule A - Legal Description: Detailed legal description of the affected properties
2. Schedule B - Plan/Survey: Survey plan or reference plan showing the easement area or affected lands
3. Schedule C - Permitted Uses: Detailed list of permitted uses or activities within the easement area
4. Schedule D - Restricted Activities: Comprehensive list of restricted activities under the covenant
5. Schedule E - Maintenance Standards: Detailed maintenance requirements and standards
6. Appendix 1 - Photographs: Current photographs of the easement area or relevant property features
7. Appendix 2 - Required Notices: Forms of notice required under the agreement
Authors
Real Estate
Construction
Infrastructure
Energy
Telecommunications
Agriculture
Conservation
Municipal Services
Urban Development
Natural Resources
Public Utilities
Environmental Services
Legal
Real Estate
Property Management
Development
Environmental
Planning
Construction
Facilities Management
Operations
Asset Management
Compliance
Project Management
Real Estate Lawyer
Property Manager
Land Surveyor
Development Manager
Environmental Consultant
Municipal Planner
Construction Manager
Facilities Manager
Property Developer
Rights of Way Manager
Conservation Officer
Legal Counsel
Land Use Planner
Asset Manager
Project Manager
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