A Right of Way Agreement is essential when one party needs legal access across another's property. This document is commonly used in England and Wales when establishing permanent access arrangements between properties, whether for residential, commercial, or agricultural purposes. The agreement must comply with English property law requirements and typically includes detailed plans, usage conditions, and maintenance obligations. A Right of Way Agreement is particularly important for ensuring clear legal rights and preventing future disputes over access. It should be properly registered to protect the interests of both parties and ensure the rights are binding on successive owners.
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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 including property descriptions and rights granted
4. Grant of Rights: Specific rights being granted and their extent, including purpose and limitations
5. Duration: Term of the right of way and any renewal provisions
6. Maintenance Obligations: Responsibilities for maintaining the right of way, including cost sharing arrangements
7. Restrictions and Conditions: Limitations on use of the right of way and permitted activities
1. Insurance: Insurance requirements and obligations for both parties
2. Payment Terms: Any fees, charges or consideration for the right of way
3. Development Rights: Provisions regarding future development or alterations to the affected land
4. Environmental Provisions: Environmental protection measures and compliance requirements
1. Schedule 1 - Plan: Detailed plan showing the exact route and dimensions of the right of way
2. Schedule 2 - Property Details: Full legal description of both the dominant and servient tenements
3. Schedule 3 - Maintenance Schedule: Detailed maintenance requirements, frequencies, and responsibilities
4. Schedule 4 - Usage Conditions: Specific conditions and restrictions on use of the right of way
5. Schedule 5 - Insurance Requirements: Detailed insurance specifications and minimum coverage requirements
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