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Perpetual Easement Agreement
"I need a Perpetual Easement Agreement for a utility company to install and maintain underground power cables across my commercial property in Auckland, with installation planned to commence in March 2025."
1. Parties: Identification of the Grantor (owner of the servient tenement) and Grantee (owner of the dominant tenement), including full legal names and addresses
2. Background: Context of the easement creation, including description of the properties involved and purpose of the easement
3. Definitions: Definitions of key terms used in the agreement, including 'Easement Area', 'Servient Tenement', 'Dominant Tenement', and other relevant terms
4. Grant of Easement: The formal grant of the easement rights, specifying the type of easement and its perpetual nature
5. Rights and Powers: Detailed description of the rights granted under the easement, including access rights and permitted activities
6. Covenants by Grantor: Obligations and promises of the servient tenement owner, including non-interference with easement rights
7. Covenants by Grantee: Obligations and promises of the dominant tenement owner, including proper use of the easement
8. Costs and Expenses: Allocation of costs related to the creation, maintenance, and repair of the easement area
9. Dispute Resolution: Process for resolving any disputes between parties regarding the easement
10. General Provisions: Standard legal provisions including governing law, amendments, and severability
11. Execution: Formal execution clause and signing requirements for all parties
1. Insurance: Required when specific insurance coverage needs to be maintained for the easement area
2. Development Rights: Included when future development of either property needs to be addressed in relation to the easement
3. Maintenance Schedule: Used when specific maintenance requirements and schedules need to be detailed
4. Termination Rights: Although the easement is perpetual, may be included to address specific circumstances where modification or termination might be permitted
5. Environmental Obligations: Required when the easement involves environmental considerations or compliance requirements
6. Māori Land Provisions: Required when the easement involves Māori land and must comply with Te Ture Whenua Maori Act 1993
1. Schedule 1 - Land Details: Legal description of both the dominant and servient tenements, including title references
2. Schedule 2 - Easement Plan: Survey plan or diagram showing the exact location and dimensions of the easement area
3. Schedule 3 - Rights and Powers: Detailed description of specific rights and powers granted under the easement
4. Schedule 4 - Maintenance Requirements: Detailed specifications for maintenance of the easement area and cost sharing arrangements
5. Appendix A - Land Transfer Office Forms: Required forms for registration of the easement with the Land Transfer Office
6. Appendix B - Consents and Approvals: Copies of any required consents or approvals from authorities
Authors
Real Estate
Property Development
Infrastructure
Utilities
Agriculture
Energy
Telecommunications
Construction
Mining
Environmental Services
Legal
Property
Real Estate
Development
Operations
Facilities Management
Infrastructure
Compliance
Asset Management
Land Administration
Property Lawyer
Real Estate Developer
Land Surveyor
Property Manager
Infrastructure Manager
Facilities Manager
Legal Counsel
Construction Manager
Development Manager
Asset Manager
Operations Manager
Land Registration Officer
Property Rights Administrator
Compliance Officer
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