Perpetual Easement For Ingress And Egress Template for England and Wales

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Key Requirements PROMPT example:

Perpetual Easement For Ingress And Egress

"I need a Perpetual Easement For Ingress And Egress to grant permanent driveway access across my commercial property in Manchester to benefit the neighboring office building, with specific provisions for maintenance cost sharing and heavy vehicle restrictions."

Document background
A Perpetual Easement For Ingress And Egress is essential when establishing permanent access rights between properties in England and Wales. This document is typically used when one property requires permanent access across another property, such as shared driveways, access roads, or rights of way. It must comply with strict legal requirements under English property law, including the need for clearly defined dominant and servient tenements, precise route descriptions, and maintenance obligations. The document creates rights that run with the land, binding future owners of both properties.
Suggested Sections

1. Parties: Details of the grantor (owner of servient tenement) and grantee (owner of dominant tenement)

2. Background: Description of the properties involved and reason for the easement

3. Definitions: Key terms including property descriptions, permitted use, and access routes

4. Grant of Easement: Formal grant and precise description of rights being conveyed

5. Rights and Limitations: Specific rights granted and any restrictions on use

6. Maintenance Obligations: Responsibilities for maintaining the access way

7. Running with the Land: Clause confirming the easement binds successive owners

Optional Sections

1. Insurance Obligations: Specific insurance requirements when access involves valuable infrastructure or high-risk activities

2. Cost Sharing: Arrangements for sharing maintenance costs when multiple parties will use the access way

3. Development Rights: Rights to modify the easement area when future development is anticipated

Suggested Schedules

1. Plan: Land Registry compliant plan showing the route of access

2. Property Descriptions: Detailed legal descriptions of both dominant and servient tenements

3. Photographs: Current condition of access way (optional but recommended)

4. Maintenance Schedule: Detailed maintenance requirements and frequencies

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

Industries

Law of Property Act 1925: Key primary legislation governing easements in England and Wales, particularly sections 1(2) and 62. Sets out requirements for creation of legal easements and fundamental property law principles.

Land Registration Act 2002: Governs the registration requirements for easements, establishes priority rules, and provides framework for protection of easements in registered land.

Prescription Act 1832: Historic legislation still relevant for establishing easement rights through long use (prescription).

Re Ellenborough Park [1956]: Leading case establishing four essential characteristics for valid easements: must have dominant and servient tenements, must accommodate dominant tenement, different owners for both tenements, must be capable of forming subject matter of a grant.

Wheeldon v Burrows [1879]: Landmark case establishing principles for implied grant of easements.

Land Registry Practice Guide 62: Official guidance on easements registration and practice requirements from HM Land Registry.

Perpetuities and Accumulations Act 2009: Modern legislation governing perpetuity rules which may affect easement creation and duration.

Town and Country Planning Act 1990: Planning legislation that may affect the creation and enforcement of easements, particularly in development contexts.

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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