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Easement Indemnity Policy

Easement Indemnity Policy Template for Australia

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Key Requirements PROMPT example:

Easement Indemnity Policy

"I need an Easement Indemnity Policy for a commercial property in Brisbane, Australia, to cover potential risks associated with an unregistered right of way that may affect our development plans, with coverage to commence from March 1, 2025."

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Document background
The Easement Indemnity Policy is a crucial risk management tool in Australian property transactions where easement-related issues present potential concerns. This document is typically used when there are uncertainties about existing easements, potential disputes over easement rights, or concerns about unregistered easements affecting a property. The policy provides financial protection and legal cost coverage for the insured party against various easement-related risks. It is particularly relevant in property developments, commercial real estate transactions, and situations where easement rights might affect property value or usage. The document must comply with Australian insurance law requirements, including the Insurance Contracts Act 1984 (Cth), and relevant state-based property legislation.
Suggested Sections

1. Policy Details: Key information including policy number, insured party details, and effective date

2. Definitions: Comprehensive definitions of terms used throughout the policy, including specific easement-related terminology

3. Insuring Clause: Core coverage statement outlining what risks related to the easement are being insured against

4. Coverage Details: Specific details of what the policy covers regarding easement-related losses or damages

5. General Conditions: Standard policy conditions including premium payment, duration, and general obligations

6. Claims Procedure: Process for making claims under the policy

7. Exclusions: Specific circumstances or events not covered by the policy

8. Termination Provisions: Conditions under which the policy may be terminated or cancelled

Optional Sections

1. Additional Insured Parties: Section to be included when multiple parties need to be covered under the policy

2. Special Conditions: To be included when specific circumstances require additional terms or conditions

3. Premium Adjustment Provisions: Include when premium may be adjusted based on specific factors or circumstances

4. Defense and Settlement: Include when policy includes provisions for legal defense in easement disputes

5. Mortgage Clause: Include when the property has a mortgage and lender requires specific provisions

Suggested Schedules

1. Schedule A - Property Details: Detailed description of the property and easement including title details and location

2. Schedule B - Coverage Limits: Specific monetary limits of coverage and any sub-limits

3. Schedule C - Premium Schedule: Details of premium amounts, payment schedule and any adjustments

4. Appendix 1 - Plan: Survey plan or diagram showing the location and extent of the easement

5. Appendix 2 - Title Search: Current title search showing registered easements and encumbrances

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Policy
Insured
Insurer
Premium
Easement
Land
Property
Title
Loss
Claim
Coverage Period
Effective Date
Exclusions
Indemnity
Sum Insured
Certificate of Title
Registered Proprietor
Dominant Tenement
Servient Tenement
Encumbrance
Right of Way
Policy Schedule
Excess
Material Fact
Notice
Plan of Survey
Premium Due Date
Term
Title Search
Insured Risk
Legal Costs
Mortgagee
Policy Holder
Registration
Third Party
Unregistered Easement
Valuation
Known Risk
Policy Territory
Covered Event
Clauses
Definitions
Coverage
Insuring Agreement
Exclusions
Conditions Precedent
Premium Payment
Claims Notification
Claims Handling
Policy Duration
Termination
Renewal
Jurisdiction
Dispute Resolution
Premium Adjustment
Policy Territory
Liability Limits
Subrogation
Warranties
Risk Disclosure
Notice Requirements
Property Description
Easement Rights
Title Matters
Indemnification
Defense and Settlement
Policy Assignment
Cancellation
Severability
Governing Law
Premium Refund
Cooperation
Compliance with Law
False Claims
Documentation Requirements
Relevant Industries

Real Estate

Property Development

Construction

Infrastructure

Banking and Finance

Insurance

Agriculture

Energy and Utilities

Mining

Telecommunications

Relevant Teams

Legal

Property

Risk Management

Insurance

Real Estate

Compliance

Operations

Facilities Management

Asset Management

Development

Relevant Roles

Property Lawyer

Real Estate Agent

Insurance Underwriter

Property Developer

Risk Manager

Conveyancer

Insurance Broker

Property Manager

Legal Counsel

Title Officer

Development Manager

Construction Manager

Facilities Manager

Asset Manager

Industries
Insurance Contracts Act 1984 (Cth): Federal legislation governing insurance contracts in Australia, including requirements for utmost good faith, disclosure obligations, and policy terms
Real Property Act 1900: State-based legislation (varies by state) governing real property rights, including the creation, registration, and enforcement of easements
Conveyancing Act 1919: Regulates the transfer and encumbrance of land, including provisions relating to easements and their creation
Australian Securities and Investments Commission Act 2001: Regulates financial services and products, including insurance policies and their distribution
Competition and Consumer Act 2010: Contains the Australian Consumer Law provisions relevant to insurance contracts and consumer protections
Environmental Protection and Biodiversity Conservation Act 1999: May affect easement rights where environmental protection issues are involved
Transfer of Land Act: State-specific legislation governing the registration and transfer of interests in land, including easements
Corporations Act 2001: Relevant for insurance companies' obligations and corporate governance requirements in providing indemnity policies
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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