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Right Of Way Access Agreement Template for England and Wales

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Key Requirements PROMPT example:

Right Of Way Access Agreement

"I need a Right of Way Access Agreement for my agricultural land in Devon, granting access to a neighboring farmer to reach their fields through my property, with specific provisions for heavy machinery access and seasonal restrictions during harvest periods."

Document background
A Right of Way Access Agreement is essential when one party requires legal access across another's property in England and Wales. This document is commonly used in situations where direct access to a public road isn't available, or where shared access arrangements are necessary. The agreement defines the exact route, usage terms, maintenance obligations, and any restrictions. It's particularly important for property development, agricultural access, or utility installations, and must comply with English and Welsh property law, including the Law of Property Act 1925 and Land Registration Act 2002. The agreement typically requires registration at the Land Registry to be binding on successive owners.
Suggested Sections

1. Parties: Details of the grantor and grantee of the right of way

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

3. Definitions: Key terms used throughout the agreement

4. Grant of Rights: Specific details of the right of way being granted

5. Duration: Term of the right of way

6. Maintenance Obligations: Responsibilities for maintaining the right of way

7. Restrictions: Limitations on the use of the right of way

Optional Sections

1. Insurance: Insurance requirements for either party - used when specific insurance coverage is required

2. Fee Arrangements: Details of any payments required - used when the right of way is granted for consideration

3. Alternative Routes: Provisions for temporary or permanent route changes - used when flexibility in the route may be needed

4. Development Rights: Provisions regarding future development - used when future development of either property is anticipated

Suggested Schedules

1. Plan: Detailed plan showing the exact route of the right of way

2. Photographs: Current condition of the route (if relevant)

3. Maintenance Schedule: Detailed maintenance requirements and responsibilities

4. Land Registry Compliant Plan: Plan meeting Land Registry requirements for registration

5. Existing Rights: Schedule of any existing rights affecting the route

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions





























Clauses






























Industries

Law of Property Act 1925: Primary legislation governing property law in England and Wales, particularly sections dealing with easements and rights of way.

Highways Act 1980: Key legislation containing provisions relating to public rights of way and access arrangements.

Land Registration Act 2002: Legislation setting out requirements for registration of rights over land and associated interests.

Commons Act 2006: Legislation relevant when access rights affect or cross common land.

Countryside and Rights of Way Act 2000: Also known as CROW Act, contains provisions about public access rights and countryside access.

Re Ellenborough Park [1956]: Key case law establishing the four essential characteristics required for easements under common law.

Land Registry Requirements: Administrative and legal requirements for registration of rights and burdens on property titles.

Planning Law: Considerations regarding any relevant planning permissions or restrictions affecting rights of way.

Environmental Protection Act 1990: Environmental legislation that may affect rights of way and access arrangements.

Wildlife and Countryside Act 1981: Legislation protecting wildlife and natural habitats that may impact rights of way.

Equality Act 2010: Legislation ensuring rights of way and access arrangements consider accessibility requirements for disabled persons.

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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