Road Right Of Way Agreement Template for Australia

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Key Requirements PROMPT example:

Road Right Of Way Agreement

"I need a Road Right of Way Agreement for my farming property in rural Victoria, granting access to a neighboring vineyard owner who needs to transport harvest vehicles across my land during grape harvesting season from February to April 2025."

Document background
A Road Right of Way Agreement is essential when one party needs legal access across another's property in Australia. This document is commonly used in situations where direct public road access is unavailable or where shared private road access is necessary. The agreement must comply with Australian federal and state property laws, including the Real Property Act and relevant state-specific legislation. It typically includes detailed surveyor's descriptions, maintenance terms, usage restrictions, and liability provisions. The document is crucial for property developers, rural landowners, and businesses requiring guaranteed access routes. It must be properly registered with relevant authorities and may require local council approval. The agreement can be permanent or temporary and must address both current needs and potential future developments while protecting both parties' interests.
Suggested Sections

1. Parties: Identifies and provides full details of the Grantor (property owner) and Grantee (party receiving right of way)

2. Background: Outlines the context of the agreement, including property ownership and need for right of way

3. Definitions: Defines key terms used throughout the agreement

4. Grant of Right of Way: Formal grant of the right of way, including precise description of location and extent

5. Permitted Use: Specifies allowed uses of the right of way and any restrictions

6. Duration and Terms: Specifies whether the right of way is permanent or temporary, and key terms

7. Maintenance and Repair: Outlines responsibilities for maintaining the right of way

8. Insurance and Liability: Details insurance requirements and allocation of liability

9. Costs and Expenses: Specifies responsibility for costs related to creation and maintenance

10. Default and Remedies: Describes what constitutes default and available remedies

11. Dispute Resolution: Procedures for resolving disputes between parties

12. General Provisions: Standard legal provisions including notices, amendments, and governing law

Optional Sections

1. Development Rights: Include when future development of either property may affect the right of way

2. Shared Maintenance Agreement: Include when maintenance costs are to be shared between parties

3. Environmental Provisions: Include when the right of way affects environmentally sensitive areas

4. Indigenous Land Considerations: Include when the right of way affects or is near indigenous lands

5. Utilities and Services: Include when the right of way includes access to or installation of utilities

6. Emergency Access: Include when special provisions are needed for emergency vehicle access

7. Weight and Vehicle Restrictions: Include when specific vehicle types or weight limits apply

8. Seasonal Use Provisions: Include when access varies by season or weather conditions

Suggested Schedules

1. Schedule A - Property Details: Detailed legal description of both properties involved

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

3. Schedule C - Maintenance Schedule: Detailed maintenance requirements and schedules

4. Schedule D - Cost Allocation: Breakdown of shared costs and payment responsibilities

5. Schedule E - Special Conditions: Any special conditions or restrictions specific to this right of way

6. Appendix 1 - Council Approvals: Copies of relevant local council approvals

7. Appendix 2 - Technical Specifications: Technical requirements for road construction or maintenance

8. Appendix 3 - Photographs: Current photographs of the right of way area and relevant features

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

Relevant Industries

Real Estate

Agriculture

Mining

Infrastructure

Construction

Property Development

Energy & Utilities

Telecommunications

Transportation & Logistics

Government & Public Sector

Relevant Teams

Legal

Property Management

Operations

Facilities

Development

Construction

Compliance

Infrastructure Planning

Real Estate

Land Administration

Relevant Roles

Property Lawyer

Real Estate Manager

Property Developer

Facilities Manager

Operations Manager

Land Surveyor

Property Rights Administrator

Legal Counsel

Construction Manager

Site Manager

Farm Manager

Mining Operations Manager

Infrastructure Planning Manager

Development Application Officer

Compliance Officer

Industries
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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