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Right Of Way Access Agreement

Right Of Way Access Agreement Template for New Zealand

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Key Requirements PROMPT example:

Right Of Way Access Agreement

"I need a Right of Way Access Agreement for my commercial property in Auckland, granting permanent vehicle access to the neighboring logistics company across my land to reach their loading bay, with specific provisions for heavy vehicles and 24/7 access rights."

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Document background
The Right of Way Access Agreement is essential in New Zealand property transactions where one party requires legal access across another's property. This document is commonly used in situations involving landlocked properties, shared driveways, or access to utilities and services. It must comply with New Zealand legislation, particularly the Property Law Act 2007 and Land Transfer Act 2017, and typically includes detailed plans, maintenance provisions, and usage rights. The agreement is crucial for preventing future disputes by clearly defining the rights and obligations of all parties involved, making it a vital tool in property management and development. Property owners, developers, and businesses frequently rely on Right of Way Access Agreements to secure necessary access rights while protecting their interests and ensuring compliance with local regulations.
Suggested Sections

1. Parties: Identification of the grantor (property owner) and grantee (party receiving right of way access), including full legal names and addresses

2. Background: Context of the agreement, including property details, reason for the right of way, and any relevant historical information

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

4. Grant of Right of Way: Specific details of the right of way being granted, including exact location, dimensions, and permitted uses

5. Term and Duration: Period for which the right of way is granted, whether perpetual or for a fixed term

6. Rights and Obligations: Detailed rights and responsibilities of both parties regarding the use and maintenance of the right of way

7. Maintenance and Repairs: Responsibilities and cost-sharing arrangements for maintaining the right of way

8. Insurance and Liability: Insurance requirements and allocation of liability for accidents or damage

9. Costs and Expenses: Attribution of costs related to the creation, maintenance, and enforcement of the right of way

10. Default and Remedies: Consequences of breaching the agreement and available remedies

11. Dispute Resolution: Process for resolving disputes between parties

12. General Provisions: Standard legal provisions including notices, amendments, governing law, and severability

Optional Sections

1. Utility Services: Include when the right of way involves access to or installation of utility services

2. Construction Requirements: Include when specific construction or maintenance standards need to be met for the right of way

3. Environmental Obligations: Include when there are specific environmental considerations or requirements

4. Vehicle Restrictions: Include when specific types of vehicles are to be permitted or restricted

5. Temporary Access Provisions: Include when temporary alternative access arrangements need to be specified

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

7. Emergency Access: Include when special provisions for emergency access need to be specified

8. Cultural Considerations: Include when the land has cultural significance or requires specific cultural protocols

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

2. Schedule 2 - Maintenance Schedule: Detailed breakdown of maintenance responsibilities and frequency of maintenance tasks

3. Schedule 3 - Cost Allocation: Breakdown of how costs are to be shared between parties

4. Schedule 4 - Permitted Uses: Detailed list of permitted and prohibited activities within the right of way

5. Schedule 5 - Property Details: Legal description of the affected properties including title references

6. Appendix A - Photographs: Current photographs of the right of way area and any relevant features

7. Appendix B - Construction Specifications: Technical specifications for any construction or maintenance work required

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

Property Development

Agriculture

Commercial Property

Residential Property

Infrastructure

Utilities

Construction

Mining

Forestry

Tourism

Retail

Relevant Teams

Legal

Property Management

Facilities Management

Operations

Real Estate

Development

Compliance

Infrastructure

Project Management

Asset Management

Relevant Roles

Property Manager

Real Estate Developer

Facilities Manager

Legal Counsel

Property Lawyer

Land Surveyor

Construction Manager

Site Manager

Operations Director

Asset Manager

Development Manager

Compliance Officer

Property Administrator

Infrastructure Manager

Project Manager

Industries
Property Law Act 2007: Primary legislation governing property transactions and rights in New Zealand, including provisions for easements and rights of way
Land Transfer Act 2017: Regulates the registration and transfer of land interests, including easements and rights of way, and maintains the land title system
Resource Management Act 1991: Governs environmental and planning considerations that may affect rights of way, particularly in terms of land use and development
Local Government Act 2002: Contains provisions relating to local authority powers and responsibilities regarding access ways and public roads
Building Act 2004: Relevant when rights of way involve access to buildings or require construction/modification of access ways
Land Transport Act 1998: May be relevant for rights of way that connect to public roads or affect traffic management
Utilities Access Act 2010: Important if the right of way involves access to utility services or infrastructure
Te Ture Whenua Maori Act 1993: Must be considered if the right of way affects or involves Māori land
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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