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Access Easement Agreement Template for New Zealand

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Key Requirements PROMPT example:

Access Easement Agreement

"I need an Access Easement Agreement for a shared driveway arrangement between two residential properties in Auckland, with equal maintenance cost sharing and specific provisions for visitor parking, to be effective from March 2025."

Document background
An Access Easement Agreement is essential when one property requires legal access rights over another property in New Zealand. This document is commonly used in situations involving shared driveways, access roads, or rights of way, and must comply with New Zealand's Property Law Act 2007 and Land Transfer Act 2017. The agreement typically becomes necessary during property development, subdivision, or when formalizing existing access arrangements. It includes crucial details such as the exact location of the easement, permitted uses, maintenance responsibilities, and cost sharing arrangements. The document requires careful drafting to ensure it meets registration requirements with Land Information New Zealand (LINZ) and addresses potential future scenarios that might affect the access rights.
Suggested Sections

1. Parties: Identifies and defines the Grantor (owner of the servient tenement) and Grantee (owner of the dominant tenement)

2. Background: Explains the context of the agreement, including property ownership and the purpose of the easement

3. Definitions: Defines key terms used throughout the agreement including 'Easement Area', 'Permitted Use', and other relevant terms

4. Grant of Easement: Formal creation of the easement rights and specification of the permitted use

5. Duration and Nature of Rights: Specifies whether the easement is permanent or temporary, and details the scope of access rights

6. Maintenance and Repair: Outlines responsibilities for maintaining the easement area and associated costs

7. Rights and Obligations: Details specific rights and obligations of both parties regarding the use of the easement

8. Insurance and Liability: Specifies insurance requirements and allocation of liability for incidents within the easement area

9. Costs: Allocation of costs related to the creation, registration, and ongoing administration of the easement

10. Dispute Resolution: Process for resolving disputes between parties

11. General Provisions: Standard contract clauses including governing law, notices, and amendment procedures

Optional Sections

1. Development Rights: Include when future development of either property is contemplated and may affect the easement

2. Shared Facilities: Required when the easement includes shared use of specific facilities or infrastructure

3. Environmental Protection: Include when the easement area contains sensitive environmental features requiring protection

4. Vehicles and Parking: Necessary when specific provisions about vehicle access or parking within the easement area are required

5. Security and Access Control: Include when specific security measures or access control systems are needed

6. Temporary Construction Provisions: Required when immediate construction or development work is planned that may affect the easement

Suggested Schedules

1. Schedule 1 - Land Details: Legal descriptions of both the dominant and servient tenements, including title references

2. Schedule 2 - Easement Area Plan: Detailed survey plan or diagram showing the exact location and dimensions of the easement area

3. Schedule 3 - Permitted Uses: Detailed description of all permitted activities and uses within the easement area

4. Schedule 4 - Maintenance Schedule: Detailed maintenance requirements and schedules if maintenance responsibilities are shared

5. Appendix A - Photographs: Current photographs of the easement area showing its condition at the time of agreement

6. Appendix B - Special Conditions: Any special conditions or requirements specific to this easement

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

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Real Estate

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Property Lawyer

Real Estate Developer

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Land Surveyor

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