Water Easement Agreement Template for England and Wales

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Key Requirements PROMPT example:

Water Easement Agreement

"Need a Water Easement Agreement for our water utility company to install and maintain new pipeline infrastructure across farmland in Devon, with specific provisions for agricultural seasons and crop protection during maintenance work."

Document background
A Water Easement Agreement is essential when water infrastructure needs to cross or be installed on private property. This document, governed by English and Welsh law, establishes permanent rights for water companies or other entities to access and maintain water-related infrastructure while protecting the interests of landowners. It typically includes detailed plans, maintenance schedules, and specific provisions for access rights, becoming particularly crucial in property development, utility infrastructure projects, and agricultural settings where water access is vital.
Suggested Sections

1. Parties: Details of the grantor (landowner) and grantee (typically water company or beneficiary)

2. Background: Context of the agreement, description of the properties, and purpose of the easement

3. Definitions: Key terms including 'Easement Area', 'Water Infrastructure', 'Maintenance Rights', etc.

4. Grant of Easement: Formal grant of rights, including specific permissions and restrictions

5. Rights and Obligations: Detailed rights of access, maintenance, repair, and corresponding obligations

6. Duration: Term of the easement (typically perpetual)

7. Indemnities: Protection and liability provisions for both parties

Optional Sections

1. Consideration: Payment terms section to be included when payment is made for the easement

2. Construction Rights: Specific rights for initial installation of infrastructure, used when new infrastructure needs to be installed

3. Environmental Provisions: Specific environmental protection measures for environmentally sensitive areas

4. Third Party Rights: Provisions regarding other parties' interests when they have existing rights over the land

Suggested Schedules

1. Plan: Detailed plan showing the easement area and infrastructure route

2. Property Description: Legal description of the affected properties

3. Infrastructure Specifications: Technical details of water infrastructure

4. Maintenance Schedule: Details of maintenance requirements and frequency

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

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 legal definitions
Relevant Industries
Relevant Teams
Relevant Roles
Industries

Law of Property Act 1925: Key legislation for easements, particularly sections 1(2) and 62 regarding creation and transfer of easements, and section 65 regarding deed requirements

Water Industry Act 1991: Governs statutory provisions for water supply and infrastructure, including rights and obligations of water undertakers and access rights for maintenance

Land Registration Act 2002: Sets out requirements for registration of easements and establishes priority of registered interests

Environmental Protection Act 1990: Outlines environmental considerations and protection requirements that must be considered in water easement agreements

Re Ellenborough Park [1956]: Common law case establishing the four essential characteristics required for a valid easement

Town and Country Planning Act 1990: Planning law considerations that may affect the implementation of water easements

Public Health Act 1936: Legislation concerning public health requirements and water quality standards

Party Wall etc. Act 1996: Relevant for construction works that may affect neighboring properties in relation to water easement implementation

New Roads and Street Works Act 1991: Applicable when water easements affect or cross public roads and streets

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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