Right Of Way Agreement Template for England and Wales

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Key Requirements PROMPT example:

Right Of Way Agreement

"I need a Right of Way Agreement to grant access over my agricultural land to a neighboring farmer for their machinery to reach their fields, with specific provisions for maintenance and seasonal usage starting from March 2025."

Document background
A Right of Way Agreement is essential when one party needs legal access across another's property. This document is commonly used in England and Wales when establishing permanent access arrangements between properties, whether for residential, commercial, or agricultural purposes. The agreement must comply with English property law requirements and typically includes detailed plans, usage conditions, and maintenance obligations. A Right of Way Agreement is particularly important for ensuring clear legal rights and preventing future disputes over access. It should be properly registered to protect the interests of both parties and ensure the rights are binding on successive owners.
Suggested Sections

1. Parties: Details of the grantor and grantee of the right of way

2. Background: Context of the agreement and description of the properties involved

3. Definitions: Key terms used throughout the agreement including property descriptions and rights granted

4. Grant of Rights: Specific rights being granted and their extent, including purpose and limitations

5. Duration: Term of the right of way and any renewal provisions

6. Maintenance Obligations: Responsibilities for maintaining the right of way, including cost sharing arrangements

7. Restrictions and Conditions: Limitations on use of the right of way and permitted activities

Optional Sections

1. Insurance: Insurance requirements and obligations for both parties

2. Payment Terms: Any fees, charges or consideration for the right of way

3. Development Rights: Provisions regarding future development or alterations to the affected land

4. Environmental Provisions: Environmental protection measures and compliance requirements

Suggested Schedules

1. Schedule 1 - Plan: Detailed plan showing the exact route and dimensions of the right of way

2. Schedule 2 - Property Details: Full legal description of both the dominant and servient tenements

3. Schedule 3 - Maintenance Schedule: Detailed maintenance requirements, frequencies, and responsibilities

4. Schedule 4 - Usage Conditions: Specific conditions and restrictions on use of the right of way

5. Schedule 5 - Insurance Requirements: Detailed insurance specifications and minimum coverage requirements

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
Relevant Teams
Relevant Roles
Industries

Law of Property Act 1925: Primary legislation governing easements and rights of way, including requirements for creating legal interests in land

Land Registration Act 2002: Covers requirements for registration of rights of way, priority of interests, and protection of rights through registration

Highways Act 1980: Governs rights of way connecting to public highways, including maintenance obligations and width/access requirements

Countryside and Rights of Way Act 2000: Legislation concerning public access land and public rights of way considerations

Re Ellenborough Park [1956]: Key case law establishing requirements for valid easements, including dominant and servient tenements, and benefit/burden requirements

Environmental Protection Act 1990: Legislation covering environmental impact considerations that may affect rights of way

Planning Legislation: Various planning laws and regulations that may affect the creation or modification of rights of way

Local Authority Bylaws: Specific local requirements or restrictions that may affect rights of way in particular jurisdictions

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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