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Trail Easement Agreement
"I need a Trail Easement Agreement for a privately-owned hillside property in Sai Kung, Hong Kong, where we're establishing a public hiking trail that will connect to an existing country park trail network, with the agreement to commence from March 1, 2025."
1. Parties: Identification of the grantor (property owner) and grantee (party receiving easement rights), including full legal names and addresses
2. Background: Context of the agreement, including property details and purpose of the trail easement
3. Definitions: Key terms used throughout the agreement, including 'Trail Area', 'Permitted Uses', 'Maintenance', etc.
4. Grant of Easement: Formal declaration of the easement grant, specifying the nature and scope of rights being conveyed
5. Term and Duration: Specification of whether the easement is perpetual or time-limited
6. Permitted Uses: Detailed description of allowed activities and uses within the trail easement area
7. Restrictions and Prohibited Uses: Specific activities and uses that are not permitted within the trail easement area
8. Maintenance and Repair: Responsibilities for trail maintenance, repairs, and upkeep
9. Access Rights: Details of when and how the grantee can access the trail for maintenance and other permitted purposes
10. Insurance and Liability: Insurance requirements and allocation of liability between parties
11. Termination: Circumstances under which the easement may be terminated and the process for termination
12. General Provisions: Standard legal provisions including governing law, notices, amendments, etc.
1. Environmental Protection: Special provisions for environmental conservation and protection, used when the trail passes through environmentally sensitive areas
2. Public Access: Terms governing public access to the trail, included when the trail is intended for public use
3. Special Events: Provisions for organizing or permitting special events on the trail, included when such activities are contemplated
4. Development Rights: Provisions regarding future development near the trail area, included when development potential exists
5. Cultural Heritage Protection: Special provisions for protecting cultural or historical features along the trail, included when such features exist
6. Emergency Access: Specific provisions for emergency vehicle access, included when the trail may serve as an emergency route
7. Utilities: Provisions for existing or future utilities crossing the trail, included when utility infrastructure is present or planned
1. Schedule 1 - Trail Plan: Detailed survey plan showing the exact location, dimensions, and boundaries of the trail easement
2. Schedule 2 - Property Details: Legal description of the property including lot numbers, registration particulars, and relevant land records
3. Schedule 3 - Permitted Uses Matrix: Detailed matrix of permitted and prohibited activities within different sections of the trail
4. Schedule 4 - Maintenance Schedule: Detailed maintenance requirements, schedules, and responsibilities
5. Appendix A - Technical Specifications: Technical requirements for trail construction, maintenance, and safety features
6. Appendix B - Environmental Assessment: Environmental impact assessment and mitigation measures, if required
7. Appendix C - Photographic Record: Current condition photographs of the trail area and significant features
Authors
Real Estate
Environmental Conservation
Public Recreation
Tourism
Urban Planning
Land Development
Conservation & Wildlife
Government & Public Sector
Sports & Recreation
Infrastructure
Legal
Property Management
Environmental Compliance
Land Administration
Conservation
Public Relations
Risk Management
Facilities Management
Community Relations
Development Planning
Property Lawyer
Land Surveyor
Environmental Officer
Conservation Manager
Real Estate Manager
Urban Planner
Trail Development Coordinator
Public Access Manager
Property Rights Specialist
Environmental Compliance Officer
Parks and Recreation Manager
Land Administration Officer
Risk Management Officer
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