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Easement Lease Agreement for the United Kingdom

Easement Lease Agreement Template for England and Wales

An Easement Lease Agreement is a legal document governed by English and Welsh law that combines elements of both an easement and a lease. It grants specific rights over one property (the servient tenement) for the benefit of another property (the dominant tenement) for a defined period. This hybrid agreement provides more flexibility than a traditional easement while maintaining the structured framework of a lease arrangement. It is particularly useful for temporary or long-term access rights, utility installations, or shared facility arrangements.

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What is a Easement Lease Agreement?

The Easement Lease Agreement serves as a crucial legal instrument in English and Welsh property law when parties need to establish temporary rights over land while maintaining more control than a traditional easement would allow. This document is particularly valuable when the rights granted need to be time-limited or when regular payment arrangements are required. It combines the flexibility of a lease with the specific access or use rights typical of an easement, making it ideal for scenarios such as utility installations, shared access arrangements, or temporary rights of way. The agreement typically includes detailed terms about maintenance, insurance, and termination rights, along with specific descriptions of the affected areas and permitted uses.

What sections should be included in a Easement Lease Agreement?

1. Parties: Identification of grantor and grantee of the easement

2. Background: Context of the agreement including property descriptions and purpose of easement

3. Definitions: Key terms used throughout the agreement including relevant legislation and property definitions

4. Grant of Easement: Specific rights being granted and their extent

5. Term and Duration: Period for which the easement is granted

6. Maintenance and Repair: Responsibilities for maintaining the easement area

7. Consideration: Payment or other consideration for the easement

What sections are optional to include in a Easement Lease Agreement?

1. Insurance: Insurance requirements and obligations for the easement area

2. Assignment: Rights and restrictions regarding transfer of the easement

3. Termination: Circumstances and procedures for easement termination

What schedules should be included in a Easement Lease Agreement?

1. Schedule 1 - Plan: Detailed plan showing the easement area

2. Schedule 2 - Property Details: Full legal description of both dominant and servient tenements

3. Schedule 3 - Permitted Uses: Detailed description of permitted activities within the easement

4. Schedule 4 - Maintenance Obligations: Detailed maintenance requirements and responsibilities

Authors

Alex Denne

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

Jurisdiction

England and Wales

Publisher

Ƶ

Document Type

Easement Agreement

Cost

Free to use
Relevant legal definitions

























Clauses

























Industries

Law of Property Act 1925: Core legislation governing property rights, particularly sections 1(2) and 62 regarding legal estates and rights, and section 65 concerning document custody and production

Land Registration Act 2002: Governs the registration requirements for easements and provisions regarding notices and restrictions in land registration

Landlord and Tenant Act 1954: Relevant when the easement is connected to a business lease, providing statutory protection for business tenancies

Law of Property (Miscellaneous Provisions) Act 1989: Sets out formalities for contracts and requirements for written documentation in property transactions

Re Ellenborough Park [1956]: Landmark case establishing the four essential characteristics of easements: dominant and servient tenements, accommodation of dominant tenement, different owners/occupiers, and capability of forming subject matter of a grant

Perpetuities and Accumulations Act 2009: Legislation governing duration and term restrictions for property rights including easements

Land Registration Rules 2003: Detailed regulations covering registration requirements and procedures for easements and other land interests

Trustee Act 2000: Relevant legislation when trustees are involved in granting easements, setting out trustees' powers and duties

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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