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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."
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
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
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
Real Estate
Property Development
Construction
Infrastructure
Agriculture
Commercial Property
Residential Property
Mining
Energy
Telecommunications
Transportation
Legal
Property
Operations
Facilities Management
Development
Real Estate
Corporate Services
Asset Management
Projects
Risk Management
Property Lawyer
Real Estate Developer
Property Manager
Land Surveyor
Corporate Counsel
Facilities Manager
Property Operations Manager
Development Manager
Legal Counsel
Conveyancing Lawyer
Project Manager
Asset Manager
Town Planner
Property Consultant
Operations Director
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