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Permanent Easement Agreement Template for England and Wales

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Key Requirements PROMPT example:

Permanent Easement Agreement

"Need a Permanent Easement Agreement to allow installation and maintenance of underground power cables across neighboring farmland, with 24/7 emergency access rights and specific provisions for annual maintenance visits starting March 2025."

Document background
A Permanent Easement Agreement is essential when establishing lasting rights over another's property in England and Wales. It's commonly used for access rights, utility installations, or rights of way that need to continue indefinitely. The agreement must define the exact nature and extent of the rights granted, include precise property descriptions, and meet Land Registry requirements for registration. This document is crucial for maintaining clear property rights and preventing future disputes, particularly in development, infrastructure, or utility projects.
Suggested Sections

1. Parties: Details of the grantor (servient tenement owner) and grantee (dominant tenement owner)

2. Background: Context of the agreement and description of the properties involved

3. Definitions: Key terms used throughout the agreement

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

5. Duration: Confirmation of perpetual nature of the easement

6. Maintenance and Repair: Obligations regarding upkeep of the easement area

7. Covenants: Promises and obligations of both parties

Optional Sections

1. Payment Terms: Any consideration for the grant of easement, used when payment is required

2. Insurance: Insurance requirements, used for higher-risk easements

3. Development Rights: Future development provisions, used when property development is anticipated

4. Termination: Circumstances for termination, if any are to be included

Suggested Schedules

1. Schedule 1 - Plan: Detailed plan showing the exact location and extent of the easement

2. Schedule 2 - Property Descriptions: Detailed legal descriptions of both dominant and servient tenements

3. Schedule 3 - Rights Granted: Detailed description of the specific rights being granted

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

5. Appendix A - Land Registry Compliant Plan: Plan meeting Land Registry requirements for registration

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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Law of Property Act 1925: Primary legislation governing easements in England and Wales. Key sections include 1(2) and 62, covering requirements for creation of legal easements and registration requirements.

Land Registration Act 2002: Governs the registration of easements, establishes priority rules, and provides for the protection of rights in registered land.

Law of Property (Miscellaneous Provisions) Act 1989: Section 2 sets out formalities for creation of easements, including requirements for writing and signatures.

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: Governs the duration of rights and perpetuity periods applicable to easements.

Land Charges Act 1972: Covers registration requirements for easements affecting unregistered land.

Town and Country Planning Act 1990: May be relevant where easements interact with planning requirements or require planning permission.

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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