A Right of Access Easement is essential when one party needs guaranteed access across another's property for specific purposes. This document is commonly used in the United States when properties lack direct access to public roads, utilities require access for maintenance, or shared driveways are necessary. The agreement details the specific rights granted, maintenance obligations, and any restrictions on use. It must be properly recorded according to state law to be binding on future property owners and typically runs with the land unless specifically limited in duration.
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1. Parties: Identification of grantor and grantee of the easement
2. Background: Context of the easement creation and property relationship
3. Definitions: Key terms used in the agreement
4. Grant of Easement: Specific rights being granted and purpose of the easement
5. Description of Easement Area: Legal description of the affected property and easement boundaries
6. Duration: Term of the easement (perpetual or limited)
7. Maintenance Obligations: Responsibilities for maintaining the easement area
1. Insurance Requirements: Insurance obligations of parties when liability concerns exist or commercial properties are involved
2. Development Rights: Rights to modify or develop the easement area when future development is anticipated
3. Cost Sharing: Agreement on sharing maintenance costs when maintenance costs are significant or shared
1. Schedule A - Property Description: Detailed legal description of the properties involved
2. Schedule B - Easement Area Plan: Survey or plot plan showing easement boundaries
3. Schedule C - Maintenance Standards: Detailed maintenance requirements and standards
4. Schedule D - Insurance Requirements: Detailed insurance specifications
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