Perpetual Easement Of Right Of Way Template for England and Wales

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Key Requirements PROMPT example:

Perpetual Easement Of Right Of Way

"I need a Perpetual Easement of Right of Way to grant permanent vehicle access across my farmland to my neighbor's agricultural property, including specific provisions for heavy machinery and seasonal usage restrictions during harvest periods."

Document background
A Perpetual Easement of Right of Way is essential when establishing permanent access rights across private property in England and Wales. This document is typically used when one property needs guaranteed, ongoing access across another property, such as reaching a landlocked parcel of land or accessing utilities. The agreement details the exact route, permitted uses, maintenance responsibilities, and any restrictions. It must comply with English property law requirements and should be registered with the Land Registry to ensure enforceability against future owners.
Suggested Sections

1. Parties: Details of the grantor and grantee of the easement

2. Background: Context and purpose of the easement

3. Definitions: Key terms used in the document including property descriptions, rights granted, and relevant legal terminology

4. Grant of Easement: Formal grant and description of the right of way

5. Rights Granted: Detailed specification of permitted uses and activities

6. Maintenance Obligations: Responsibilities for maintaining the right of way

7. Duration and Termination: Confirmation of perpetual nature and any termination provisions

Optional Sections

1. Insurance Obligations: Required when specific insurance coverage is needed for the right of way

2. Cost Sharing: Allocation of maintenance and repair costs between parties

3. Hours of Use: Restrictions on timing of access if required

4. Vehicle Restrictions: Limitations on types of vehicles permitted to use the right of way

Suggested Schedules

1. Plan: Detailed plan showing the route of the right of way

2. Land Registry Compliant Plan: Plan meeting Land Registry requirements for registration

3. Maintenance Schedule: Detailed maintenance requirements and frequencies

4. Photographic Schedule: Current condition of the right of way 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

Industries

Law of Property Act 1925: Primary legislation governing property law in England and Wales. Sections 1(2)(a) and 62 are particularly relevant for the creation and operation of legal easements.

Land Registration Act 2002: Governs the registration requirements for easements, establishes priority rules, and determines how easements are protected in the land registration system.

Land Charges Act 1972: Specifies the registration requirements for easements affecting unregistered land.

Re Ellenborough Park [1956]: Leading case law establishing four essential characteristics for valid easements: dominant and servient tenements, accommodation of dominant tenement, different owners/occupiers, and capability of forming subject matter of a grant.

Prescription Act 1832: While primarily concerned with prescriptive easements, provides context for understanding rights of way in property law.

Access to Neighbouring Land Act 1992: May be applicable depending on specific access requirements and neighboring property considerations.

Law of Property (Miscellaneous Provisions) Act 1989: Section 2 sets out the formal requirements for creating interests in land, including the proper execution of easement deeds.

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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