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Driveway Easement Agreement

Driveway Easement Agreement Template for India

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Key Requirements PROMPT example:

Driveway Easement Agreement

"I need a Driveway Easement Agreement for my residential property in Mumbai, where I'm granting access to my neighbor through my driveway, with shared maintenance costs split 60/40 and the agreement to commence from March 1, 2025."

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Document background
The Driveway Easement Agreement is a crucial legal instrument used in Indian property law when one property owner needs to establish formal access rights over another's property for driveway purposes. This document becomes necessary in situations involving shared driveways, limited street access, or when properties require passage through neighboring land. The agreement must comply with the Indian Easements Act of 1882, the Transfer of Property Act, and local municipal regulations. It typically includes detailed property descriptions, specific terms of use, maintenance obligations, and duration of rights. The document requires proper registration with local authorities and often involves professional surveys and legal consultation to ensure compliance with Indian property laws and regulations. This type of agreement is particularly common in urban developments, residential complexes, and situations where properties are subdivided or developed in phases.
Suggested Sections

1. Parties: Identifies and provides full details of the grantor (property owner) and grantee (party receiving easement rights)

2. Background: Explains the context, property ownership, and reason for creating the easement

3. Definitions: Defines key terms used in the agreement including 'Easement Area', 'Driveway', 'Common Areas', etc.

4. Grant of Easement: Formally establishes the easement, its nature (permanent/temporary), and permitted uses

5. Description of Easement Area: Detailed description of the location and dimensions of the easement area

6. Rights and Limitations: Specifies permitted activities, restrictions, and limitations on the use of the easement

7. Maintenance and Repairs: Outlines responsibilities for maintaining the driveway and easement area

8. Insurance and Liability: Specifies insurance requirements and allocation of liability for incidents

9. Term and Termination: States duration of the easement and conditions for termination

10. Binding Effect: Confirms the agreement binds future owners of both properties

11. Governing Law: Specifies that Indian law governs the agreement

12. Dispute Resolution: Outlines process for resolving disputes between parties

13. Execution: Formal signing section with witness requirements

Optional Sections

1. Cost Sharing: Used when maintenance costs are to be shared between parties in specific proportions

2. Construction Rights: Included when initial construction or major modifications to the driveway are planned

3. Emergency Access: Added when the easement serves as emergency access route

4. Utilities: Include when the easement area contains or will contain utility lines

5. Parking Rights: Added when temporary parking within easement area is to be permitted

6. Environmental Compliance: Include when specific environmental concerns need to be addressed

7. Indemnification: Optional detailed indemnification provisions beyond basic liability

8. Right of First Refusal: Include when grantor wishes to have first right to purchase if grantee's property is sold

Suggested Schedules

1. Schedule A - Property Description: Detailed legal description of both the dominant and servient properties

2. Schedule B - Easement Area Plan: Survey plan or drawing showing exact location and dimensions of easement area

3. Schedule C - Maintenance Standards: Detailed specifications for maintenance of the driveway

4. Schedule D - Construction Specifications: Technical specifications for driveway construction or modifications

5. Schedule E - Photographs: Current photographs of the easement area and existing conditions

6. Appendix 1 - Required Permits: Copies of municipal permits and approvals

7. Appendix 2 - Insurance Certificates: Copies of required insurance policies

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

alex.den.21@genieai.co
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Relevant Industries

Real Estate

Property Development

Construction

Infrastructure

Residential Housing

Commercial Property

Agricultural Land Use

Industrial Properties

Hospitality

Retail

Relevant Teams

Legal

Real Estate

Facilities Management

Property Administration

Construction Management

Asset Management

Development

Compliance

Operations

Property Services

Relevant Roles

Property Lawyer

Real Estate Manager

Facilities Manager

Property Developer

Construction Manager

Legal Counsel

Property Rights Specialist

Land Surveyor

Real Estate Agent

Property Administrator

Urban Planning Officer

Development Manager

Asset Manager

Property Registrar

Industries






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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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