Perpetual Right Of Way Agreement Template for Malaysia

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Key Requirements PROMPT example:

Perpetual Right Of Way Agreement

"I need a Perpetual Right of Way Agreement for a utility company to install and maintain underground power cables across private agricultural land in Selangor, with construction to begin in March 2025."

Document background
The Perpetual Right of Way Agreement is a crucial legal instrument in Malaysian property and infrastructure development, used when permanent access or use rights over private land are required. This document is essential for projects requiring long-term access rights, such as utility installations, infrastructure development, or permanent access routes. It must comply with the National Land Code 1965 and state-specific land regulations in Malaysia. The agreement typically includes detailed survey plans, specific use permissions, maintenance obligations, and registration requirements with relevant land authorities. It's particularly important in cases involving utility corridors, access to landlocked properties, or infrastructure projects requiring permanent easements. The perpetual nature of the agreement means it runs with the land and binds successive owners, making it a critical tool for long-term infrastructure and development planning.
Suggested Sections

1. Parties: Identification of the Grantor (landowner) and Grantee (beneficiary) with full legal names and registration details

2. Background: Context of the agreement, including description of the properties involved and purpose of the right of way

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

4. Grant of Right of Way: Specific terms of the perpetual right of way grant, including scope and nature of rights granted

5. Rights and Obligations of Grantee: Detailed description of what the Grantee can and cannot do within the right of way area

6. Rights and Obligations of Grantor: Grantor's retained rights and responsibilities regarding the right of way area

7. Duration and Perpetual Nature: Confirmation of the perpetual nature of the grant and conditions for its continuation

8. Maintenance and Repairs: Responsibilities for maintaining the right of way area and associated infrastructure

9. Indemnification and Insurance: Liability provisions and insurance requirements for both parties

10. Registration and Compliance: Requirements for registration with relevant land authorities and compliance with local laws

11. General Provisions: Standard contract clauses including governing law, notices, and dispute resolution

Optional Sections

1. Environmental Protection: Required when the right of way passes through environmentally sensitive areas or requires specific environmental protection measures

2. Native Title Considerations: Necessary when the right of way affects native land or aboriginal settlements

3. Utility Services: Required when the right of way is specifically for utility infrastructure installation or maintenance

4. Construction Rights: Needed when initial construction work is required to establish the right of way

5. Emergency Access: Important when the right of way serves as an emergency access route

6. Subdivision Rights: Required when future subdivision of the affected land is contemplated

Suggested Schedules

1. Schedule 1 - Plan of Right of Way: Detailed survey plan showing the exact location, dimensions, and boundaries of the right of way area

2. Schedule 2 - Permitted Uses: Comprehensive list of permitted activities and uses within the right of way area

3. Schedule 3 - Maintenance Standards: Specific standards and requirements for maintaining the right of way area

4. Schedule 4 - Land Details: Legal description of affected land parcels, including title details and lot numbers

5. Schedule 5 - Required Approvals: List of necessary governmental and regulatory approvals

6. Appendix A - Form of Registration: Template for registration with land authority

7. Appendix B - Insurance Requirements: Detailed insurance specifications and minimum coverage 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

Relevant Industries

Real Estate

Infrastructure

Energy & Utilities

Telecommunications

Mining

Agriculture

Industrial Manufacturing

Transportation

Oil & Gas

Construction

Relevant Teams

Legal

Property Management

Real Estate

Infrastructure Development

Facilities Management

Environmental Compliance

Project Management

Land Administration

Construction

Operations

Relevant Roles

Legal Counsel

Property Manager

Land Surveyor

Real Estate Developer

Infrastructure Project Manager

Facilities Manager

Environmental Compliance Officer

Rights of Way Specialist

Property Rights Coordinator

Land Administration Manager

Construction Manager

Utility Infrastructure Manager

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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