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The Agreement for Easement Right of Way is a crucial legal instrument in South African property law, used when one party needs to secure legal rights to access or use a portion of another's property for a specific purpose. This document is essential in various scenarios, including providing access to landlocked properties, enabling utility installations, or establishing shared driveways. It must comply with the Deeds Registries Act 47 of 1937 and be properly registered to create an enforceable real right. The agreement typically includes detailed property descriptions, survey diagrams, maintenance obligations, and usage restrictions. It's particularly important in property development, infrastructure projects, and situations requiring long-term access arrangements across private property.

1. Parties: Identification of the grantor (property owner) and grantee (party receiving the easement rights), including full legal names, registration numbers for entities, and physical addresses

2. Background: Context of the agreement, including description of the properties involved and the purpose of the easement

3. Definitions: Definitions of key terms used in the agreement, including 'Servient Tenement', 'Dominant Tenement', 'Easement Area', and other relevant terms

4. Grant of Easement: Explicit grant of the right of way, specifying the nature and extent of the rights being conveyed

5. Description of Easement Area: Detailed description of the location, dimensions, and boundaries of the easement area, with reference to survey diagrams

6. Purpose and Scope: Specific permitted uses and purposes of the easement, including any restrictions on use

7. Duration: Term of the easement (typically perpetual) and any conditions affecting its duration

8. Rights and Obligations: Detailed rights and responsibilities of both parties regarding the use and maintenance of the easement area

9. Maintenance and Repairs: Responsibilities for maintaining the easement area and allocation of associated costs

10. Insurance and Liability: Insurance requirements and allocation of liability for incidents within the easement area

11. General Terms: Standard contractual provisions including governing law, dispute resolution, and notices

12. Signatures: Execution clause and signature blocks complying with South African law requirements