Temporary Right Of Way Agreement Template for India

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Key Requirements PROMPT example:

Temporary Right Of Way Agreement

"I need a Temporary Right of Way Agreement for my telecommunications company to access private agricultural land for installing fiber optic cables across multiple properties in Gujarat, with the right of way period starting from March 1, 2025, for 6 months, including provisions for equipment storage and emergency maintenance access."

Document background
The Temporary Right of Way Agreement is a crucial legal instrument in India used when one party needs temporary access to or passage through another party's property for specific purposes such as construction, maintenance, or infrastructure development. This agreement type is commonly used in infrastructure projects, utility installations, and development works across India, drawing its legal framework from the Indian Easements Act, 1882, and related legislation. The document specifies the exact area of access, duration, permitted activities, compensation, and restoration requirements. It's particularly important in rapidly developing urban areas where temporary access arrangements are frequently needed for development projects. The agreement protects both the property owner's rights and the accessing party's interests while ensuring compliance with Indian property laws and local regulations.
Suggested Sections

1. Parties: Identification of the grantor (property owner) and grantee (party requiring access), including their legal details and addresses

2. Background: Context of why the temporary right of way is needed and brief description of the property involved

3. Definitions: Definitions of key terms used in the agreement including 'Right of Way Area', 'Permitted Use', 'Term', etc.

4. Grant of Right of Way: Specific details of the temporary right of way being granted, including purpose and scope

5. Term and Termination: Duration of the temporary right of way and conditions for termination

6. Consideration: Details of any fees or compensation payable for the right of way

7. Permitted Use: Specific activities allowed within the right of way area

8. Maintenance and Repair: Responsibilities for maintaining the right of way area during the term

9. Insurance and Liability: Insurance requirements and allocation of risks between parties

10. Restoration: Obligations to restore the property to its original condition after use

11. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

Optional Sections

1. Construction Requirements: Specific requirements for construction activities, if the right of way is for construction purposes

2. Environmental Protection: Environmental safeguards and compliance requirements, particularly relevant for industrial or construction uses

3. Security Deposit: Terms for security deposit if required based on the nature of use

4. Utilities: Provisions regarding utility installations or relocations if relevant

5. Emergency Access: Provisions for emergency access rights and procedures

6. Sub-granting Rights: Whether and how the grantee can sub-grant rights to contractors or other parties

7. Alternative Access: Provisions for alternative access routes if primary route becomes unusable

Suggested Schedules

1. Schedule A - Property Description: Detailed legal description of the property and right of way area, including surveys and maps

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

3. Schedule C - Permitted Activities: Detailed list of permitted activities and any specific restrictions or conditions

4. Schedule D - Insurance Requirements: Specific insurance requirements including types and amounts of coverage

5. Schedule E - Fee Schedule: Detailed breakdown of fees or compensation, including payment schedule if applicable

6. Appendix 1 - Safety Guidelines: Safety protocols and requirements to be followed while using the right of way

7. Appendix 2 - Contact Information: List of key contacts for both parties including emergency contacts

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

Infrastructure

Construction

Real Estate

Telecommunications

Energy

Utilities

Transportation

Oil & Gas

Mining

Urban Development

Agriculture

Industrial Development

Relevant Teams

Legal

Operations

Facilities Management

Project Management

Construction

Property Management

Land Acquisition

Contracts Administration

Risk Management

Environmental Compliance

Infrastructure Development

Relevant Roles

Project Manager

Legal Counsel

Property Manager

Construction Manager

Site Engineer

Land Acquisition Officer

Facilities Manager

Operations Director

Real Estate Manager

Contract Administrator

Environmental Compliance Officer

Right of Way Specialist

Infrastructure Development Manager

Risk Manager

Property Rights Coordinator

Industries
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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