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Access Easement Agreement
"I need an Access Easement Agreement for a commercial property in Ontario, where the neighboring building owner requires permanent access through our parking lot to reach their loading dock, with the agreement to commence on March 1, 2025."
1. Parties: Identifies and provides full legal details of the grantor (servient tenement owner) and grantee (dominant tenement owner)
2. Background: Sets out the context of the agreement, including property ownership details and the purpose of the easement
3. Definitions: Defines key terms used throughout the agreement including the Servient Lands, Dominant Lands, Easement Area, and Access Rights
4. Grant of Easement: Formally establishes the easement rights and specifies the nature and scope of the access permitted
5. Description of Easement Area: Provides specific details of the location and dimensions of the easement area
6. Permitted Use: Specifies the authorized uses of the easement area and any restrictions on use
7. Duration: States the term of the easement (typically perpetual) and any conditions affecting its continuation
8. Maintenance and Repairs: Outlines responsibilities for maintaining the easement area and cost allocation between parties
9. Insurance and Liability: Specifies insurance requirements and allocation of liability for incidents within the easement area
10. Covenants: Details the promises and obligations of both parties regarding the use and maintenance of the easement
11. Registration: Addresses the registration of the easement on title and associated requirements
12. General Provisions: Standard clauses including governing law, amendments, notices, and succession
1. Environmental Matters: Required when the easement area includes or affects environmentally sensitive areas or where environmental regulations apply
2. Construction Rights: Needed when the easement includes rights to construct or modify access infrastructure
3. Utilities: Include when the easement involves or affects utility services or infrastructure
4. Temporary Access Rights: Required when additional temporary access rights are needed for construction or maintenance
5. Cost Sharing: Include when there are specific arrangements for sharing costs beyond basic maintenance
6. Security Measures: Needed when specific security requirements or restrictions apply to the access
7. Emergency Access: Include when special provisions are needed for emergency situations
8. Subdivision Rights: Required when the lands may be subdivided in the future
1. Schedule A - Legal Description of Servient Lands: Detailed legal description of the property granting the easement
2. Schedule B - Legal Description of Dominant Lands: Detailed legal description of the property benefiting from the easement
3. Schedule C - Easement Area Plan: Survey plan or drawing showing the exact location and dimensions of the easement area
4. Schedule D - Permitted Uses: Detailed list of specifically permitted and prohibited uses of the easement area
5. Schedule E - Maintenance Standards: Specific standards and requirements for maintenance of the easement area
6. Schedule F - Insurance Requirements: Detailed insurance requirements including types and amounts of coverage
7. Schedule G - Access Protocols: Specific procedures and protocols for accessing and using the easement area
Authors
Access Rights
Applicable Laws
Business Day
Commencement Date
Dominant Tenement
Dominant Tenement Owner
Easement
Easement Area
Easement Rights
Emergency
Encumbrance
Environmental Laws
Force Majeure
Governmental Authority
Grantor
Grantee
Improvements
Land Titles Office
Maintenance
Mortgage
Notice
Parties
Permitted Use
Permitted Users
Property
Registered Owner
Registration
Servient Tenement
Servient Tenement Owner
Term
Title
Transfer
Utilities
Property Description
Access Rights
Duration
Permitted Use
Restrictions
Maintenance
Cost Allocation
Construction
Insurance
Indemnification
Registration
Assignment
Severability
Governing Law
Dispute Resolution
Force Majeure
Notices
Amendment
Termination
Environmental Compliance
Liability
Representations and Warranties
Covenants
Default and Remedies
Successors and Assigns
Emergency Access
Utilities
Regulatory Compliance
Title Warranty
Real Estate
Construction
Infrastructure
Agriculture
Energy
Telecommunications
Mining
Commercial Property Development
Residential Development
Utilities
Transportation
Industrial Manufacturing
Legal
Real Estate
Property Management
Facilities Management
Operations
Development
Compliance
Construction
Asset Management
Project Management
Property Manager
Real Estate Developer
Facilities Manager
Legal Counsel
Land Surveyor
Construction Manager
Real Estate Agent
Asset Manager
Development Director
Operations Manager
Project Manager
Site Manager
Compliance Officer
Property Administrator
Real Estate Investment Manager
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