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Right Of Way Agreement Form
"I need a Right of Way Agreement Form for granting access to ABC Telecommunications Ltd. to install and maintain fiber optic cables across my commercial property in Ontario, with construction to begin in March 2025 and including special provisions for emergency repairs."
1. Parties: Identifies and provides full legal names and addresses of the Grantor (property owner) and Grantee (party receiving right of way rights)
2. Background: Establishes the context of the agreement, including property ownership and purpose of the right of way
3. Definitions: Defines key terms used throughout the agreement including 'Right of Way Area', 'Permitted Use', and other relevant terms
4. Grant of Right of Way: Specifies the exact nature of the rights being granted, including purpose, scope, and duration
5. Location and Description: References the specific location and dimensions of the right of way, typically referring to survey plans in the schedules
6. Term and Duration: Specifies whether the right of way is permanent or temporary, and if temporary, its duration and renewal terms
7. Permitted Uses: Details the specific activities and uses permitted within the right of way area
8. Maintenance and Repair: Outlines responsibilities for maintaining the right of way area and any installations within it
9. Access Rights: Specifies when and how the Grantee can access the right of way area
10. Restrictions and Limitations: Details any restrictions on use, construction, or modification within the right of way area
11. Insurance and Liability: Sets out insurance requirements and allocation of liability between parties
12. Default and Remedies: Describes what constitutes default and the available remedies
13. General Provisions: Standard legal provisions including governing law, notices, and amendment procedures
1. Construction Rights: Used when initial construction is required, detailing temporary additional rights during construction phase
2. Environmental Obligations: Required when environmental concerns need specific attention, such as protection of natural features or handling of hazardous materials
3. Compensation: Included when periodic or one-time payments are required for the right of way
4. Relocation Rights: Used when there may be future need to relocate the right of way
5. Third Party Rights: Needed when third parties (such as utility companies) require access rights
6. Restoration Obligations: Important when temporary rights of way require land restoration upon completion
7. Emergency Access: Required for utilities or services that may need emergency access rights
8. Indigenous Rights and Consultation: Required when the right of way affects or crosses Indigenous lands or requires consultation
1. Schedule A - Legal Description: Detailed legal description of the property and right of way area
2. Schedule B - Survey Plan: Survey plan or drawing showing the exact location and dimensions of the right of way
3. Schedule C - Permitted Uses: Detailed list of specific permitted activities and uses within the right of way
4. Schedule D - Construction Specifications: Technical specifications for any construction or installations within the right of way
5. Schedule E - Maintenance Standards: Detailed maintenance requirements and standards
6. Schedule F - Insurance Requirements: Specific insurance requirements including types and amounts of coverage
7. Schedule G - Environmental Requirements: Specific environmental protection measures and requirements
8. Appendix 1 - Photographs: Pre-construction or current condition photographs of the right of way area
Authors
Real Estate
Utilities
Energy
Telecommunications
Transportation
Infrastructure Development
Municipal Services
Agriculture
Mining
Oil & Gas
Construction
Environmental Services
Legal
Real Estate
Property Management
Infrastructure Development
Operations
Environmental Compliance
Land Administration
Project Management
Construction
Facilities Management
Asset Management
Municipal Relations
Property Manager
Real Estate Lawyer
Land Surveyor
Project Manager
Infrastructure Development Manager
Rights of Way Coordinator
Legal Counsel
Environmental Compliance Officer
Land Administrator
Construction Manager
Utility Operations Manager
Municipal Planning Officer
Property Rights Specialist
Asset Manager
Facilities Manager
Development Coordinator
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