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Simple Right Of Way Agreement

Simple Right Of Way Agreement Template for Germany

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Key Requirements PROMPT example:

Simple Right Of Way Agreement

"I need a Simple Right of Way Agreement for a telecommunications company to access and maintain their equipment on my commercial property in Munich, with the agreement starting from March 1, 2025, and including specific provisions for emergency access and quarterly maintenance visits."

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Document background
The Simple Right of Way Agreement is essential for situations where one party needs legally protected access across another's property in Germany. This document is commonly used in various scenarios, from providing access to landlocked properties to enabling utility companies to maintain their infrastructure. The agreement must comply with German civil law requirements, particularly the BGB (German Civil Code) and land registry regulations. It typically includes detailed specifications of the access route, usage rights, maintenance obligations, and duration of the agreement. The document serves as the foundation for registering the right of way in the German land registry (Grundbuch), making it binding on current and future property owners. This type of agreement is crucial for establishing clear, legally enforceable access rights while protecting the interests of all parties involved.
Suggested Sections

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

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

3. Definitions: Key terms used in the agreement, including 'Property', 'Right of Way Area', 'Permitted Use', and other relevant terms

4. Grant of Right of Way: Specific details of the right granted, including exact location, dimensions, and permitted uses

5. Duration: Term of the right of way, whether permanent or temporary, and any conditions affecting duration

6. Maintenance and Repair: Responsibilities for maintaining the right of way area and associated costs

7. Access Rights: Specific times and conditions for accessing the right of way

8. Insurance and Liability: Insurance requirements and allocation of liability for incidents within the right of way area

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

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

Optional Sections

1. Environmental Protection: Specific provisions required when the right of way affects environmentally sensitive areas

2. Construction Rights: Include when the right of way requires construction or modification of existing structures

3. Third Party Rights: Necessary when other parties have existing rights that may affect the right of way

4. Termination Rights: Include for temporary rights of way or when specific termination conditions are needed

5. Assignment Rights: Include when transfer of rights to third parties needs to be addressed

6. Utilities: Include when the right of way involves access to or installation of utilities

7. Temporary Works: Include when temporary construction or maintenance works are anticipated

Suggested Schedules

1. Plan of Right of Way: Detailed survey plan showing the exact location and dimensions of the right of way

2. Photographs: Current condition of the right of way area and relevant features

3. Maintenance Schedule: Detailed breakdown of maintenance responsibilities and frequency

4. Access Schedule: Specific details of access times and conditions if complex arrangements are needed

5. Land Registry Extracts: Copies of relevant land registry entries (Grundbuchauszug)

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

Infrastructure

Agriculture

Energy

Telecommunications

Construction

Mining

Transportation

Utilities

Industrial Manufacturing

Relevant Teams

Legal

Real Estate

Facilities Management

Property Administration

Operations

Compliance

Project Management

Construction

Infrastructure

Asset Management

Relevant Roles

Property Manager

Real Estate Lawyer

Facilities Manager

Infrastructure Director

Land Administrator

Legal Counsel

Construction Manager

Project Manager

Site Operations Manager

Compliance Officer

Real Estate Developer

Asset 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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