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Perpetual Right Of Way Agreement Template for India

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Key Requirements PROMPT example:

Perpetual Right Of Way Agreement

"I need a Perpetual Right of Way Agreement for a telecommunications company to install and maintain fiber optic cables across multiple private agricultural properties in Maharashtra, with construction scheduled to begin in March 2025."

Document background
The Perpetual Right of Way Agreement is a crucial legal instrument used in India when permanent access rights over land are required for infrastructure development, utility installation, or similar long-term projects. This document is particularly relevant when companies or authorities need to secure permanent passage through private or public land for purposes such as laying pipelines, installing power lines, or creating access corridors. The agreement must comply with Indian property laws, including the Transfer of Property Act, 1882, and the Indian Easements Act, 1882, and requires mandatory registration under the Registration Act, 1908. It's commonly used in infrastructure projects, urban development initiatives, and utility service installations where permanent access rights are essential for operations and maintenance. The document includes detailed specifications of the right of way area, terms of use, maintenance responsibilities, and compensation arrangements, ensuring clarity and legal certainty for all parties involved.
Suggested Sections

1. Parties: Identification of the Grantor (property owner) and Grantee (party receiving right of way rights), including their legal status and addresses

2. Background: Context of the agreement, including description of the property and purpose of the right of way

3. Definitions: Definitions of key terms used throughout the agreement, including 'Right of Way Area', 'Permitted Use', 'Infrastructure', etc.

4. Grant of Right of Way: Explicit grant of perpetual right of way, including the nature and scope of the rights granted

5. Description of Right of Way Area: Detailed description of the physical area covered by the right of way, including dimensions and boundaries

6. Permitted Use: Specific permitted uses of the right of way area and any restrictions on use

7. Duration and Perpetual Nature: Confirmation of the perpetual nature of the grant and conditions for its continuation

8. Consideration: Details of payment or other consideration for the grant of right of way

9. Rights and Obligations of Grantor: Grantor's retained rights and ongoing obligations regarding the right of way area

10. Rights and Obligations of Grantee: Grantee's rights and responsibilities in using and maintaining the right of way area

11. Maintenance and Repairs: Responsibilities for maintaining the right of way area and any infrastructure within it

12. Indemnification and Insurance: Requirements for insurance coverage and mutual indemnification provisions

13. Registration and Compliance: Requirements for registration of the agreement and compliance with applicable laws

14. Dispute Resolution: Procedures for resolving disputes between parties

15. Governing Law: Specification of Indian law as governing law and jurisdiction

Optional Sections

1. Environmental Compliance: Required when the right of way affects environmentally sensitive areas or requires environmental clearances

2. Rehabilitation and Resettlement: Needed when the right of way affects existing settlements or requires displacement

3. Utility Services: Required when the right of way includes or affects utility services or infrastructure

4. Construction Rights: Needed when the agreement includes rights to construct or install infrastructure

5. Third Party Rights: Required when third parties may need access to or rights over the right of way area

6. Force Majeure: Optional clause dealing with unforeseen circumstances affecting the right of way

7. Assignment and Transfer: Required when either party needs the right to assign or transfer their rights

8. Termination: Optional in perpetual agreements but may be included to cover extreme circumstances

Suggested Schedules

1. Schedule 1 - Property Details: Detailed legal description of the main property, including title details and survey numbers

2. Schedule 2 - Right of Way Area Plan: Detailed plans and drawings showing the exact location and dimensions of the right of way area

3. Schedule 3 - Permitted Uses and Restrictions: Detailed list of permitted activities and specific restrictions within the right of way area

4. Schedule 4 - Payment Schedule: Details of any payments, including initial payment and any recurring charges

5. Schedule 5 - Maintenance Standards: Specific standards and requirements for maintenance of the right of way area

6. Appendix A - Required Approvals: List of all necessary governmental and regulatory approvals

7. Appendix B - Insurance Requirements: Detailed insurance requirements including types and amounts of coverage

8. Appendix C - Registration Documents: Copies of all documents required for registration of the right of way

Authors

Alex Denne

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

Relevant legal definitions




































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Relevant Industries

Infrastructure

Real Estate

Telecommunications

Energy

Oil & Gas

Transportation

Utilities

Mining

Agriculture

Industrial Development

Urban Development

Railway

Relevant Teams

Legal

Real Estate

Infrastructure Development

Project Management

Property Management

Compliance

Operations

Facilities Management

Environmental

Construction

Land Acquisition

Corporate Affairs

Relevant Roles

Legal Counsel

Property Manager

Infrastructure Development Manager

Project Manager

Real Estate Manager

Land Acquisition Officer

Compliance Officer

Operations Director

Facilities Manager

Right of Way Specialist

Environmental Compliance Manager

Construction Manager

Site Engineer

Corporate Lawyer

Property Rights Attorney

Industries










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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