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Easement And Restrictive Covenant Template for Canada

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Key Requirements PROMPT example:

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."

Document background
An Easement And Restrictive Covenant agreement is a crucial legal instrument in Canadian property law, used when there's a need to both grant specific property rights and impose use restrictions that run with the land. This document type is commonly employed in scenarios involving shared access ways, utility installations, conservation areas, or development restrictions. It must comply with provincial property legislation and land registry requirements, varying by jurisdiction across Canada. The agreement typically includes detailed property descriptions, specific rights granted, use restrictions, maintenance obligations, and enforcement provisions. It's particularly important in urban development, infrastructure projects, and environmental conservation, where long-term property rights and restrictions need to be clearly established and preserved through ownership changes.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Real Estate

Construction

Infrastructure

Energy

Telecommunications

Agriculture

Conservation

Municipal Services

Urban Development

Natural Resources

Public Utilities

Environmental Services

Relevant Teams

Legal

Real Estate

Property Management

Development

Environmental

Planning

Construction

Facilities Management

Operations

Asset Management

Compliance

Project Management

Relevant Roles

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

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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