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Simple Easement Agreement

Simple Easement Agreement Template for India

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Key Requirements PROMPT example:

Simple Easement Agreement

"I need a Simple Easement Agreement for granting underground utility access rights to ABC Power Company across my commercial property in Mumbai, with the agreement to commence from March 1, 2025, including specific provisions for maintenance access and emergency repairs."

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Document background
The Simple Easement Agreement is a fundamental legal instrument in Indian property law, used to create and document rights over one property for the benefit of another property or entity. This document type is essential when establishing rights of way, utility access, or other property usage rights in India. The agreement must comply with the Indian Easements Act, 1882, and other relevant property laws, making it particularly important for infrastructure development, utility installation, and property development projects. The Simple Easement Agreement typically includes detailed property descriptions, specific rights granted, duration terms, maintenance obligations, and compliance requirements with local regulations. It's commonly used in both urban and rural settings, for both commercial and residential properties, and can be either permanent or temporary in nature.
Suggested Sections

1. Parties: Identifies and provides full details of the grantor (owner of the servient tenement) and grantee (beneficiary of the easement)

2. Background: Establishes the context, including property ownership details and the purpose of the easement

3. Definitions: Defines key terms used in the agreement, including property descriptions, easement area, and technical terms

4. Grant of Easement: Explicitly states the rights being granted and the specific purpose of the easement

5. Scope and Nature of Easement: Details the exact extent, dimensions, and limitations of the easement rights

6. Duration: Specifies whether the easement is permanent or temporary, and any conditions affecting its duration

7. Rights and Obligations: Outlines the specific rights and responsibilities of both parties regarding the use and maintenance of the easement area

8. Maintenance and Repairs: Specifies responsibilities for maintaining the easement area and sharing of maintenance costs

9. Indemnification and Insurance: Details liability provisions and insurance requirements

10. Governing Law and Jurisdiction: Specifies that Indian law governs the agreement and establishes jurisdiction for dispute resolution

11. Termination: States conditions under which the easement may be terminated or modified

12. Execution: Formal signing section with witness provisions as required under Indian law

Optional Sections

1. Consideration: Include when there is monetary consideration for the easement grant

2. Temporary Provisions: Include for temporary easements or construction-related access rights

3. Shared Usage: Include when multiple parties have rights to use the easement area

4. Environmental Provisions: Include when the easement involves environmental considerations or restrictions

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

6. Assignment Rights: Include when transfer or assignment of easement rights needs to be specifically addressed

7. Dispute Resolution: Include detailed arbitration or mediation procedures if desired by the parties

Suggested Schedules

1. Schedule A - Property Description: Detailed legal description of both the servient tenement and dominant tenement properties

2. Schedule B - Easement Area: Specific description and measurements of the easement area

3. Schedule C - Site Plan: Survey plan or map showing the exact location and dimensions of the easement

4. Schedule D - Photographs: Current photographs of the easement area and relevant property features

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

6. Appendix 1 - Required Permits: Copies of any necessary permits or governmental approvals

7. Appendix 2 - Insurance Requirements: Detailed insurance specifications and 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

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

Real Estate

Infrastructure Development

Utilities

Agriculture

Commercial Property

Residential Property

Energy

Telecommunications

Construction

Municipal Services

Transportation

Relevant Teams

Legal

Real Estate

Property Management

Facilities Management

Infrastructure Development

Project Management

Construction

Operations

Corporate Services

Compliance

Land Acquisition

Relevant Roles

Property Lawyer

Real Estate Manager

Property Developer

Facilities Manager

Legal Counsel

Land Surveyor

Property Rights Administrator

Estate Manager

Infrastructure Project Manager

Construction Manager

Real Estate Attorney

Property Rights Specialist

Municipal Planning Officer

Utility Services Manager

Land Acquisition Officer

Industries
Transfer of Property Act, 1882: This is the primary legislation governing transfer of property rights in India, including provisions related to easements under Section 4. It defines what constitutes an easement and the basic principles of creating property rights.
Indian Easements Act, 1882: This Act specifically deals with easement rights, their creation, maintenance, and extinction. It defines different types of easements, methods of acquiring easements, and rules regarding their exercise and enjoyment.
Registration Act, 1908: This Act mandates the registration requirements for documents related to immovable property. While not all easements require registration, certain types of easements need to be registered under this Act.
Indian Contract Act, 1872: This Act governs the basic principles of contract formation and enforcement, which are essential for creating a valid easement agreement between parties.
Specific Relief Act, 1963: This Act provides remedies in case of breach of easement rights, including specific performance and injunctive relief to protect easement rights.
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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