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.
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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
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
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
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