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Private Easement Agreement
"I need a Private Easement Agreement for granting a right of way across my commercial property in Tsim Sha Tsui to allow neighboring building tenants access to their parking facilities, with shared maintenance costs and a 25-year duration."
1. Parties: Identifies and defines the grantor (property owner) and grantee (beneficiary) of the easement
2. Background: Describes the context, including property details and reason for the easement
3. Definitions: Defines key terms used throughout the agreement
4. Grant of Easement: Formal declaration of the easement rights being granted
5. Nature and Extent of Easement: Detailed description of the easement rights and limitations
6. Duration: Specifies whether the easement is permanent or temporary, and any conditions affecting its duration
7. Maintenance and Repair: Outlines responsibilities for maintaining the easement area
8. Costs and Expenses: Specifies how costs related to the easement will be shared or allocated
9. Insurance and Liability: Details insurance requirements and liability allocation
10. Registration: Provisions regarding registration of the easement with the Land Registry
11. Termination: Circumstances under which the easement may be terminated
12. Governing Law: Confirms Hong Kong law governs the agreement
13. Execution: Formal signing section meeting Hong Kong legal requirements
1. Rights of Assignment: Include when the parties wish to specify whether and how the easement rights can be transferred
2. Development Rights: Include when future development of either property needs to be addressed
3. Temporary Access: Include when additional temporary access rights are needed during construction or specific periods
4. Utilities: Include when the easement involves utility lines or services
5. Environmental Matters: Include when environmental concerns or responsibilities need to be addressed
6. Alternative Dispute Resolution: Include when parties wish to specify mediation or arbitration procedures
7. Security Deposit: Include when a security deposit is required for potential damage or maintenance
1. Schedule 1 - Property Descriptions: Detailed legal descriptions of both the burdened and benefited properties
2. Schedule 2 - Easement Area Plan: Survey plan or drawing showing the precise location and dimensions of the easement
3. Schedule 3 - Permitted Uses: Detailed list of specifically permitted and prohibited uses of the easement
4. Schedule 4 - Maintenance Schedule: Detailed maintenance requirements and schedules if complex
5. Appendix A - Photographs: Current photographs of the easement area and relevant features
6. Appendix B - Existing Conditions Report: Documentation of the condition of the easement area at the time of agreement
Authors
Real Estate
Property Development
Construction
Infrastructure
Agriculture
Utilities
Commercial Property
Residential Property
Industrial Property
Hospitality
Legal
Real Estate
Property Management
Facilities Management
Construction
Development
Compliance
Asset Management
Operations
Risk Management
Property Lawyer
Real Estate Manager
Property Developer
Facilities Manager
Land Surveyor
Property Rights Administrator
Legal Counsel
Construction Manager
Property Administrator
Asset Manager
Real Estate Director
Development Manager
Compliance Officer
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