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Simple Right Of Way Agreement for Philippines

Simple Right Of Way Agreement Template for Philippines

A Simple Right of Way Agreement under Philippine law is a legal document that establishes and governs the rights of one party to access or cross over another party's property for specific purposes. This agreement, governed by the Civil Code of the Philippines and relevant right of way legislation, details the terms and conditions of access, including the exact location and dimensions of the right of way, duration of access rights, compensation terms, and maintenance responsibilities. The document ensures compliance with Philippine property laws while protecting the interests of both the grantor and grantee.

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What is a Simple Right Of Way Agreement?

A Simple Right of Way Agreement is essential when one party needs to legally secure access across or through another party's property in the Philippines. This document type is commonly used for utility installations, access to landlocked properties, infrastructure projects, or similar situations requiring formal passage rights. The agreement must comply with the Civil Code of the Philippines, particularly Articles 649-652 governing easements and right of way, as well as Republic Act No. 8974 and other relevant legislation. It typically includes detailed specifications of the access area, duration, compensation, maintenance obligations, and compliance requirements. This document is crucial for establishing clear legal rights and preventing future disputes regarding property access and usage.

What sections should be included in a Simple Right Of Way Agreement?

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

2. Background: Context of the agreement, including description of the properties involved and the purpose for the right of way

3. Definitions: Definitions of key terms used throughout the agreement

4. Grant of Right of Way: Explicit grant of the right of way, including its precise location, dimensions, and permitted uses

5. Term and Duration: Period for which the right of way is granted, including start date and whether it's perpetual or temporary

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

7. Rights and Obligations: Specific rights and responsibilities of both parties regarding the use and maintenance of the right of way

8. Maintenance and Repairs: Responsibilities for maintaining the right of way area and conducting necessary repairs

9. Compliance with Laws: Obligation to comply with relevant Philippine laws and regulations

10. Default and Remedies: Consequences of breach and available remedies

11. Governing Law: Specification that the agreement is governed by Philippine law

12. Execution: Formal signing section with notarization provisions as required under Philippine law

What sections are optional to include in a Simple Right Of Way Agreement?

1. Construction Requirements: Include when the right of way requires specific construction or modification of the property

2. Environmental Compliance: Include when the right of way affects environmentally sensitive areas or requires environmental permits

3. Insurance: Include when specific insurance coverage is required for the use of the right of way

4. Security Deposit: Include when a security deposit is required to ensure compliance or cover potential damages

5. Third Party Rights: Include when there are existing third-party rights that need to be addressed

6. Assignment Rights: Include when transfer or assignment of the right of way needs to be specifically addressed

7. Utilities: Include when the right of way involves or affects utility lines or services

What schedules should be included in a Simple Right Of Way Agreement?

1. Schedule A - Property Details: Detailed technical description of the affected properties, including lot numbers and technical boundaries

2. Schedule B - Right of Way Plan: Survey plan or drawing showing the exact location and dimensions of the right of way

3. Schedule C - Photographs: Current photographs of the right of way area and affected properties

4. Schedule D - Permits and Clearances: Copies of relevant permits, environmental clearances, or local government approvals

5. Schedule E - Payment Schedule: If applicable, detailed schedule of payments or compensation

6. Appendix 1 - Title Documents: Copies of relevant property title documents and certificates

7. Appendix 2 - Authorization Documents: Corporate authorizations, board resolutions, or special powers of attorney if required

Authors

Alex Denne

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

Jurisdiction

Philippines

Publisher

Ƶ

Document Type

Easement Agreement

Cost

Free to use
Relevant legal definitions






























Clauses






























Relevant Industries

Real Estate

Infrastructure

Utilities

Telecommunications

Energy

Construction

Agriculture

Mining

Transportation

Industrial Development

Relevant Teams

Legal

Real Estate

Property Management

Project Development

Operations

Facilities Management

Compliance

Construction

Infrastructure

Environmental

Relevant Roles

Property Manager

Real Estate Manager

Legal Counsel

Corporate Lawyer

Facilities Manager

Project Manager

Infrastructure Development Manager

Land Acquisition Officer

Rights of Way Specialist

Construction Manager

Operations Manager

Compliance Officer

Environmental Officer

Site Engineer

Property Development Manager

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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