A Perpetual Exclusive Easement is used when there is a need to establish permanent, exclusive rights over one property for the benefit of another property. Common applications include access rights, utility installations, or rights of way. The document specifies the exact nature of the rights granted, their extent, and any conditions or restrictions. Under English and Welsh law, it must satisfy the requirements of the Law of Property Act 1925 and other relevant legislation. The perpetual nature means the rights continue indefinitely, binding successive owners of both properties.
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1. Parties: Details of the grantor (servient tenement owner) and grantee (dominant tenement owner)
2. Background: Context of the easement grant and description of the properties involved
3. Definitions: Key terms including 'Dominant Tenement', 'Servient Tenement', 'Easement Area'
4. Grant: Express terms of the easement grant including rights and restrictions
5. Covenants: Obligations of both parties regarding maintenance and use
6. Duration and Termination: Confirmation of perpetual nature and any termination provisions
1. Payment Provisions: Any consideration or ongoing payments, if applicable
2. Insurance: Insurance requirements if specific risks need coverage
3. Dispute Resolution: Specific procedures for resolving disputes
1. Schedule 1: Plan: Detailed plan showing the easement area and affected properties
2. Schedule 2: Rights Granted: Detailed description of specific rights granted
3. Schedule 3: Restrictions: Detailed list of restrictions on use of the easement
4. Schedule 4: Maintenance Obligations: Detailed maintenance requirements and cost sharing arrangements
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