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Simple Easement Agreement

Simple Easement Agreement Template for Ireland

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Key Requirements PROMPT example:

Simple Easement Agreement

"I need a Simple Easement Agreement for a right of way across my agricultural land in County Cork to allow my neighbor access to their farming property, including provisions for seasonal agricultural vehicle access and maintenance cost sharing."

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Document background
The Simple Easement Agreement is a fundamental legal instrument in Irish property law, used when one property owner needs to grant specific rights over their land to benefit another property. This document type is essential in scenarios such as creating access routes, allowing utility installations, or establishing shared facilities. The agreement must comply with Irish legislation, particularly the Land and Conveyancing Law Reform Act 2009 and the Registration of Title Act 1964. A Simple Easement Agreement typically includes detailed property descriptions, specific rights granted, maintenance obligations, and duration terms. It's commonly used in both rural and urban settings, from agricultural access to urban development projects, and requires careful consideration of both current use and future implications for the properties involved.
Suggested Sections

1. Parties: Identification of the Grantor (property owner granting the easement) and Grantee (party receiving the easement rights)

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

3. Definitions: Key terms used in the agreement, including 'Dominant Tenement', 'Servient Tenement', 'Easement Area', and other relevant terms

4. Grant of Easement: The formal grant of the easement rights, specifying the nature and extent of the rights being granted

5. Terms of Use: Specific conditions and limitations on how the easement may be used, including access times, maintenance responsibilities, and any restrictions

6. Duration: Term of the easement (whether perpetual or for a specific period)

7. Maintenance and Repairs: Responsibilities for maintaining the easement area and cost allocation between parties

8. Indemnification: Provisions regarding liability and responsibility for damages

9. Registration: Provisions regarding the registration of the easement with the Land Registry

10. General Provisions: Standard legal provisions including governing law, entire agreement, and amendments

Optional Sections

1. Insurance: Required when specific insurance coverage needs to be maintained by either party

2. Development Rights: Include when future development of either property needs to be addressed

3. Termination: Include for temporary easements or when specific termination conditions need to be defined

4. Assignment: Include when transfer rights need to be specifically addressed

5. Dispute Resolution: Include when specific dispute resolution procedures are required

6. Costs: Include when there are specific arrangements for sharing costs beyond maintenance

Suggested Schedules

1. Schedule 1 - Property Descriptions: Detailed legal descriptions of both the dominant and servient tenements

2. Schedule 2 - Easement Area Plan: Plan or drawing showing the exact location and dimensions of the easement area

3. Schedule 3 - Permitted Uses: Detailed description of the permitted uses and activities within the easement area

4. Schedule 4 - Maintenance Schedule: Detailed maintenance requirements and schedules if applicable

5. Appendix A - Land Registry Maps: Official Land Registry maps showing the affected properties

6. Appendix B - Planning Permissions: Copies of relevant planning permissions if applicable to the easement

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Real Estate

Construction

Agriculture

Energy

Telecommunications

Infrastructure

Property Development

Utilities

Commercial Property

Residential Property

Relevant Teams

Legal

Real Estate

Facilities Management

Property Management

Development

Construction

Operations

Planning

Asset Management

Corporate Services

Relevant Roles

Property Lawyer

Real Estate Manager

Facilities Manager

Property Developer

Land Surveyor

Construction Manager

Property Administrator

Legal Counsel

Estate Manager

Planning Officer

Development Director

Asset Manager

Industries
Land and Conveyancing Law Reform Act 2009: This is the primary modern legislation governing property rights in Ireland, including the creation, registration, and enforcement of easements. It modernized many aspects of property law and provides the current legal framework for easements.
Registration of Title Act 1964: This Act governs the registration of property rights, including easements, in the Land Registry. It's crucial for ensuring the easement is properly recorded and enforceable.
Civil Law (Miscellaneous Provisions) Act 2011: This Act amended certain provisions relating to easements, particularly regarding prescription and long use, making it easier to establish easements based on long-term use.
Statute of Frauds (Ireland) 1695: Though very old, this statute is still relevant as it requires certain property agreements to be in writing and signed. This applies to the creation of easements by express grant.
Planning and Development Act 2000: May be relevant if the easement affects development rights or requires planning permission, particularly in cases where the easement might impact future development of the property.
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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