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Access Easement Agreement

Access Easement Agreement Template for Germany

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Key Requirements PROMPT example:

Access Easement Agreement

"I need an Access Easement Agreement for a commercial property in Munich, where my logistics company requires 24/7 access through a neighboring industrial estate to reach our warehouse, with the agreement to commence from March 1, 2025."

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Document background
An Access Easement Agreement is essential when one property owner needs to secure legal rights to cross another's property for access purposes. This document, governed by German law, establishes permanent rights that "run with the land," meaning they remain valid even if the properties change ownership. The agreement must comply with specific requirements of the German Civil Code (BGB) and Land Registry Code, including mandatory notarization and registration in the Grundbuch (land registry). It typically includes detailed descriptions of the access route, usage rights, maintenance responsibilities, and cost allocations. The Access Easement Agreement is particularly crucial for landlocked properties or where shared access arrangements are necessary for development or utility purposes.
Suggested Sections

1. Parties: Identification of the grantor (property owner) and grantee (beneficiary) of the easement, including full legal names and addresses

2. Background: Context of the agreement, including description of the properties involved and purpose of the easement

3. Definitions: Key terms used in the agreement, including 'Servient Estate', 'Dominant Estate', 'Access Way', and other relevant terms

4. Grant of Easement: Formal declaration of the easement rights, including precise description of the access rights granted

5. Scope of Rights: Detailed specification of permitted uses, access times, and any restrictions on the use of the easement

6. Duration: Term of the easement (typically perpetual) and any conditions affecting its continuation

7. Maintenance and Repairs: Responsibilities for maintaining the access way and cost allocation between parties

8. Insurance and Liability: Insurance requirements and allocation of risks between the parties

9. Registration: Provisions regarding registration of the easement in the German land registry (Grundbuch)

10. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes

Optional Sections

1. Construction Rights: Include when initial construction or modification of the access way is required

2. Utilities: Include when the easement includes rights for utility lines or services

3. Environmental Provisions: Include when environmental concerns or protections need to be addressed

4. Emergency Access: Include when special provisions for emergency access are needed

5. Temporary Restrictions: Include when temporary limitations on access might be necessary

6. Assignment Rights: Include when transfer rights need to be specifically addressed

7. Alternative Dispute Resolution: Include when parties wish to specify mediation or arbitration procedures

Suggested Schedules

1. Plan of Easement: Survey plan or drawing showing the exact location and dimensions of the easement area

2. Land Registry Extracts: Current extracts from the Grundbuch for both properties

3. Maintenance Schedule: Detailed maintenance requirements and schedules for the access way

4. Cost Allocation: Detailed breakdown of maintenance and repair cost sharing

5. Photographic Evidence: Current photographs of the easement area and access way

6. Technical Specifications: Technical requirements for construction or maintenance of the access way

Authors

Alex Denne

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

alex.den.21@genieai.co
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Relevant Industries

Real Estate

Construction

Agriculture

Commercial Property

Industrial

Residential Development

Energy

Telecommunications

Infrastructure

Mining

Retail

Logistics

Relevant Teams

Legal

Real Estate

Facilities Management

Property Management

Operations

Compliance

Development

Asset Management

Project Management

Risk Management

Relevant Roles

Property Manager

Real Estate Developer

Facilities Manager

Legal Counsel

Property Lawyer

Land Surveyor

Real Estate Agent

Construction Manager

Project Manager

Asset Manager

Development Director

Operations Manager

Compliance Officer

Real Estate Investment 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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