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Reciprocal Easement Agreement Template for England and Wales

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Key Requirements PROMPT example:

Reciprocal Easement Agreement

"Need a Reciprocal Easement Agreement for two office buildings in Manchester sharing a parking facility and access road, with specific provisions for maintenance cost sharing and 24/7 access rights, to be effective from March 2025."

Document background
A Reciprocal Easement Agreement is commonly used when two or more property owners need to share access, facilities, or services across their respective properties. This agreement type is particularly relevant in England and Wales for developments with shared infrastructure, such as parking areas, access roads, or utility connections. The document defines the exact nature of the rights granted, maintenance obligations, cost allocations, and dispute resolution procedures. It must be carefully drafted to ensure compliance with land law requirements and to create enforceable rights that bind future owners.
Suggested Sections

1. Parties: Details of the landowners granting reciprocal easements

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

3. Definitions: Key terms including Property, Easement Areas, Permitted Use

4. Grant of Easements: Specific rights being granted by each party

5. Maintenance Obligations: Responsibilities for maintaining easement areas

6. Costs and Expenses: Cost sharing arrangements for maintenance

7. Duration and Termination: Term of easements and termination provisions

Optional Sections

1. Insurance: Insurance requirements - include if shared facilities involved

2. Development Rights: Include if future development anticipated

3. Utilities: Include if easements involve shared utilities

4. Environmental Provisions: Include if environmental concerns present

Suggested Schedules

1. Property Descriptions: Detailed legal descriptions of properties

2. Plans: Plans showing easement areas

3. Rights Granted: Detailed description of specific rights

4. Maintenance Specifications: Detailed maintenance requirements

5. Land Registry Compliant Plans: Plans meeting Land Registry requirements

6. Title Documents: Copies of relevant title documents

7. Planning Permissions: Relevant planning permissions if applicable

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

Relevant legal definitions

































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Industries

Law of Property Act 1925: Primary legislation governing property law in England and Wales. Key sections include 1-3 (legal estates), 62 (conveyancing provisions), and 78 (benefit and burden of covenants).

Land Registration Act 2002: Governs the registration of land in England and Wales, including requirements for registration, priority rules, and the recording of notices and restrictions.

Land Charges Act 1972: Deals with the registration of land charges and protection of rights in unregistered land.

Law of Property (Miscellaneous Provisions) Act 1989: Contains formal requirements for contracts relating to land, particularly Section 2.

Re Ellenborough Park [1956]: Leading case law establishing the requirements for valid easements and their essential characteristics.

Wheeldon v Burrows [1879]: Key case law establishing principles for implied grant of easements.

Pwllbach Colliery v Woodman [1915]: Important case law regarding the running of benefit and burden of covenants.

Town and Country Planning Act 1990: Legislation governing planning permissions and use restrictions that may affect easements.

Rights of Way Act 1932: Legislation specifically dealing with rights of way and public access.

Equality Act 2010: Contains provisions regarding access requirements that may need to be considered in easement arrangements.

Four Essential Characteristics of Easements: Legal requirements including: dominant and servient tenements, benefit to dominant land, different owners/occupiers, and capability of forming subject matter of grant.

Perpetuity Rules: Common law and statutory rules governing the duration and validity of property rights.

Environmental Legislation: Various environmental laws and regulations that may impact the creation and exercise of easements.

Building Regulations: Technical and safety requirements that may affect the practical implementation of easements.

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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