Shared Easement Agreement Template for England and Wales

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Key Requirements PROMPT example:

Shared Easement Agreement

"I need a Shared Easement Agreement for a shared driveway between two residential properties in Sussex, with specific provisions for maintenance cost-sharing and snow clearance during winter months."

Document background
A Shared Easement Agreement is essential when multiple property owners need to share access to or use of specific land or facilities. This agreement, governed by English and Welsh law, establishes clear rights and responsibilities, preventing future disputes. It typically covers shared driveways, access roads, utility connections, or common facilities. The agreement ensures these arrangements are legally binding and continue even if the properties change hands, providing security and clarity for all parties involved.
Suggested Sections

1. Parties: Details of all parties involved in the easement agreement

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

3. Definitions: Key terms used throughout the agreement including relevant legislation and legal principles

4. Grant of Rights: Specific rights being granted and their extent in accordance with Law of Property Act 1925

5. Maintenance Obligations: Responsibilities for maintaining the shared area as per Access to Neighbouring Land Act 1992

6. Cost Sharing: How costs will be divided between parties for maintenance and repairs

Optional Sections

1. Insurance Requirements: Insurance obligations for the shared area when specific coverage is required

2. Restrictions on Use: Specific limitations on the use of the easement in compliance with planning legislation

3. Development Rights: Rights relating to future development under Town and Country Planning Act 1990

Suggested Schedules

1. Plan: Detailed plan showing the extent of the easement as required by Land Registration Act 2002

2. Maintenance Schedule: Detailed breakdown of maintenance responsibilities and timeline

3. Cost Allocation Schedule: Detailed breakdown of how costs are to be shared between parties

4. Rights and Restrictions Schedule: Comprehensive list of permitted and prohibited activities within the easement area

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. Key sections 1(2)(a) and 62 detail requirements for creation of legal easements and their statutory implications.

Land Registration Act 2002: Governs the registration of land and property rights, including registration requirements for easements, priority rules, and the recording of notices and restrictions.

Countryside and Rights of Way Act 2000: Relevant when easements interact with or affect public rights of way or access to countryside.

Re Ellenborough Park [1956]: Key case law establishing four essential characteristics for valid easements: dominant and servient tenements, benefit and burden requirements, capability of being subject of a grant, and reasonable clarity.

Land Charges Act 1972: Governs the registration of land charges and certain rights affecting unregistered land.

Access to Neighbouring Land Act 1992: Provides statutory rights of access to neighboring land for maintenance purposes, which may overlap with easement rights.

Party Wall etc. Act 1996: Relevant when easements involve shared walls or structures, setting out rights and obligations of adjoining owners.

Town and Country Planning Act 1990: Planning legislation that may be relevant if the intended use under the easement requires planning permission.

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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