A Perpetual Easement of Right of Way is essential when establishing permanent access rights across private property in England and Wales. This document is typically used when one property needs guaranteed, ongoing access across another property, such as reaching a landlocked parcel of land or accessing utilities. The agreement details the exact route, permitted uses, maintenance responsibilities, and any restrictions. It must comply with English property law requirements and should be registered with the Land Registry to ensure enforceability against future owners.
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1. Parties: Details of the grantor and grantee of the easement
2. Background: Context and purpose of the easement
3. Definitions: Key terms used in the document including property descriptions, rights granted, and relevant legal terminology
4. Grant of Easement: Formal grant and description of the right of way
5. Rights Granted: Detailed specification of permitted uses and activities
6. Maintenance Obligations: Responsibilities for maintaining the right of way
7. Duration and Termination: Confirmation of perpetual nature and any termination provisions
1. Insurance Obligations: Required when specific insurance coverage is needed for the right of way
2. Cost Sharing: Allocation of maintenance and repair costs between parties
3. Hours of Use: Restrictions on timing of access if required
4. Vehicle Restrictions: Limitations on types of vehicles permitted to use the right of way
1. Plan: Detailed plan showing the route of the right of way
2. Land Registry Compliant Plan: Plan meeting Land Registry requirements for registration
3. Maintenance Schedule: Detailed maintenance requirements and frequencies
4. Photographic Schedule: Current condition of the right of way and relevant features
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