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Easement Subordination Agreement Template for England and Wales

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Key Requirements PROMPT example:

Easement Subordination Agreement

"I need an Easement Subordination Agreement to establish priority between our existing utility easement and a new telecommunications easement that will be granted in March 2025, covering our commercial property in Manchester with title number GM382910."

Document background
An Easement Subordination Agreement becomes necessary when multiple parties hold easement rights over the same property and need to establish a clear hierarchy of these rights. This document is particularly crucial in complex property developments or infrastructure projects where multiple utility providers or access rights exist. Under English and Welsh law, the agreement ensures legal certainty by formally documenting the subordination arrangement, protecting the interests of all parties involved, and preventing future disputes over priority rights. The agreement typically includes comprehensive details about the property, existing easements, and the specific terms of subordination.
Suggested Sections

1. Parties: Identification of all parties to the agreement including the owner of the dominant tenement and servient tenement

2. Background: Context of the agreement including details of existing easement and priority arrangement, and the need for subordination

3. Definitions: Key terms used throughout the agreement including Property, Easement, Subordinate Interest, and Priority Date

4. Subordination Terms: Core terms establishing the priority arrangement between competing interests and the mechanics of subordination

5. Representations and Warranties: Statements of fact and assurances from parties regarding their authority and the validity of interests

6. Execution: Signature blocks and execution formalities compliant with English law requirements

Optional Sections

1. Rights of Enforcement: Used when specific enforcement mechanisms need to be detailed, particularly for multiple party arrangements

2. Insurance Requirements: Specific insurance obligations for the property and easement areas

3. Notice Provisions: Details of how notices should be served between parties and formal notice procedures

Suggested Schedules

1. Property Description: Detailed legal description of affected property and relevant title numbers

2. Plan: Plan showing the affected land and easement route with colored markings

3. Existing Easements: Details of existing easements being subordinated including their registration details

4. Priority Arrangement: Detailed explanation of priority structure if complex, including any specific conditions or triggers

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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Industries

Law of Property Act 1925: Primary legislation governing legal estates and interests in land, particularly sections 1(2) and 1(3) regarding legal easements

Land Registration Act 2002: Covers requirements for registration of easements, priority rules for competing interests, and sections dealing with notices and restrictions

Land Charges Act 1972: Sets out registration requirements for unregistered land and priority rules

Re Ellenborough Park [1956]: Common law case establishing key requirements for valid easements: must have dominant and servient tenements, must accommodate the dominant tenement, different owners for dominant and servient tenements, must be capable of forming subject matter of a grant

Contracts (Rights of Third Parties) Act 1999: Relevant legislation when third party rights are involved in the easement subordination

Perpetuities and Accumulations Act 2009: Contains rules against perpetuities that may apply to easement agreements

Law of Property (Miscellaneous Provisions) Act 1989: Section 2 sets out requirements for contracts concerning land

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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