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Drainage Easement Agreement
"I need a Drainage Easement Agreement for my residential property in Auckland, where I'm granting access to my neighbor for stormwater drainage through my land, with installation planned for March 2025 and shared maintenance costs."
1. Parties: Identifies the Grantor (property owner granting the easement) and Grantee (party receiving the easement rights)
2. Background: Explains the context and purpose of the drainage easement, including property details and reason for the arrangement
3. Definitions and Interpretation: Defines key terms used in the agreement and sets out interpretation rules
4. Grant of Easement: Formally establishes the drainage easement and its general purpose
5. Rights and Powers: Details specific rights granted under the easement, including access and maintenance rights
6. Grantee's Obligations: Specifies duties of the Grantee regarding use and maintenance of the drainage system
7. Grantor's Obligations: Outlines responsibilities of the Grantor, including not interfering with drainage rights
8. Maintenance and Repair: Details responsibilities for maintaining the drainage system and associated costs
9. Liability and Insurance: Addresses risk allocation and insurance requirements
10. Duration and Registration: Specifies the term of the easement and registration requirements
11. General Provisions: Standard contract clauses including dispute resolution, notices, and amendments
1. Cost Sharing: Include when multiple parties share maintenance or installation costs
2. Temporary Works: Include when temporary access or works are needed for installation or major repairs
3. Environmental Management: Include when specific environmental considerations or obligations apply
4. Connection to Public Infrastructure: Include when the drainage system connects to public infrastructure
5. Development Rights: Include when future development of either property needs to be addressed
6. Emergency Access: Include when specific provisions for emergency access and repairs are needed
1. Schedule 1 - Property Details: Legal description of both properties and easement area
2. Schedule 2 - Plan: Survey plan showing the easement area and drainage system layout
3. Schedule 3 - Technical Specifications: Technical details of the drainage system including dimensions and materials
4. Schedule 4 - Maintenance Schedule: Detailed maintenance requirements and schedules
5. Appendix A - Council Approvals: Copies of relevant local authority approvals or permits
6. Appendix B - Engineering Reports: Technical reports or assessments of the drainage system
Authors
Real Estate
Construction
Infrastructure
Property Development
Agriculture
Urban Planning
Local Government
Environmental Services
Legal Services
Engineering Services
Legal
Property
Facilities Management
Construction
Environmental
Development
Infrastructure
Compliance
Real Estate
Technical Services
Property Lawyer
Real Estate Developer
Civil Engineer
Property Manager
Facilities Manager
Construction Manager
Environmental Consultant
Urban Planner
Project Manager
Legal Counsel
Land Surveyor
Resource Management Specialist
Property Development Manager
Infrastructure Manager
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