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Perpetual Easement Of Right Of Way

Perpetual Easement Of Right Of Way Template for New Zealand

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Key Requirements PROMPT example:

Perpetual Easement Of Right Of Way

"I need a Perpetual Easement of Right of Way for my residential property in Auckland, providing access over my neighbor's driveway to reach the main road, with shared maintenance costs and specific provisions for construction vehicle access during my planned home renovation in March 2025."

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Document background
The Perpetual Easement of Right of Way is a crucial legal instrument in New Zealand property law, used when permanent access rights need to be established over one property for the benefit of another. This document is particularly relevant in situations involving landlocked properties, shared driveways, or access to public roads. It must comply with the Property Law Act 2007 and Land Transfer Act 2017, requiring registration with Land Information New Zealand (LINZ). The easement binds current and future property owners, making it a significant long-term encumbrance on land titles. The document includes essential elements such as precise property descriptions, survey plans, maintenance obligations, and usage terms, ensuring clear rights and responsibilities for all parties involved.
Suggested Sections

1. Parties: Identifies and defines the Grantor (owner of the servient tenement) and Grantee (owner of the dominant tenement)

2. Background: Sets out the context of the easement, including property ownership and the purpose of the right of way

3. Definitions: Defines key terms used in the document including 'Right of Way', 'Servient Tenement', 'Dominant Tenement'

4. Grant of Easement: The formal grant of the perpetual right of way easement and its nature

5. Rights and Powers: Specifies the exact rights granted to the Grantee regarding use of the right of way

6. Covenants by Grantor: The Grantor's obligations regarding the right of way, including non-interference

7. Covenants by Grantee: The Grantee's obligations regarding use and care of the right of way

8. Registration: Provisions regarding registration of the easement on the land title

9. Costs: Allocation of costs related to the preparation and registration of the easement

10. Execution: Formal execution clauses and attestation requirements

Optional Sections

1. Maintenance and Repair: Detailed provisions about maintenance responsibilities and cost sharing - needed when specific maintenance arrangements are required

2. Insurance: Insurance requirements for either party - include when specific insurance coverage is needed

3. Dispute Resolution: Specific dispute resolution procedures - include for complex arrangements or when requested by parties

4. Development Rights: Provisions regarding future development of either property - include when future development is anticipated

5. Utilities: Rights regarding installation and maintenance of utilities within the right of way - include when utilities are part of the arrangement

6. Vehicle Restrictions: Specific restrictions on vehicle types or usage - include when specific limitations are needed

Suggested Schedules

1. Schedule 1 - Land Details: Legal descriptions of both the dominant and servient tenements, including title references

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

3. Schedule 3 - Construction Specifications: Technical specifications for the formation and construction of the right of way (if applicable)

4. Appendix A - Photographs: Current photographs of the right of way area and relevant features

5. Appendix B - Maintenance Schedule: Detailed maintenance requirements and schedules (if applicable)

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

alex.den.21@genieai.co
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