The Grant of Easement Form is an essential legal instrument in Canadian property law that facilitates the creation of legal rights over land without transferring ownership. This document is commonly used when one party needs specific rights over another's property, such as for utility installations, access ways, or conservation purposes. The form must comply with provincial legal requirements and land registry regulations, making it particularly important to include precise property descriptions, clear terms of use, and maintenance obligations. A Grant of Easement Form typically becomes necessary during property development, infrastructure projects, or when establishing utility corridors, and it creates a lasting interest that binds future property owners. The document's structure and content are designed to meet the specific requirements of Canadian property law while providing flexibility to accommodate various types of easements and local jurisdictional requirements.
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1. Parties: Identifies and provides full legal names and addresses of the Grantor (owner of the servient tenement) and Grantee (owner of the dominant tenement)
2. Background: Provides context for the easement grant, including property ownership confirmation and purpose of the easement
3. Definitions: Defines key terms used throughout the document, including property descriptions, easement area, and relevant technical terms
4. Grant of Easement: The operative clause that creates the easement, specifying the nature of the rights being granted
5. Description of Easement Area: Detailed description of the physical area covered by the easement, including dimensions and boundaries
6. Purpose and Scope: Specifies the permitted uses and purposes of the easement, including any restrictions or limitations
7. Duration: States whether the easement is permanent or temporary, and if temporary, specifies the term
8. Maintenance and Repairs: Outlines responsibilities for maintaining the easement area and any installations within it
9. Rights and Obligations: Details the specific rights and obligations of both parties regarding the use and maintenance of the easement
10. Insurance and Liability: Specifies insurance requirements and allocates liability for incidents within the easement area
11. Registration: Confirms the easement will be registered on title and addresses registration requirements
12. Governing Law: Specifies that the agreement is governed by the laws of the relevant Canadian province
13. Execution: Formal signing section including witness requirements and dating of the document
1. Environmental Provisions: Required when the easement involves environmentally sensitive areas or environmental protection measures
2. Construction Rights: Included when the easement involves the right to construct or install facilities or structures
3. Termination Rights: Added when specific circumstances for termination need to be outlined
4. Assignment Rights: Included when transfer or assignment of easement rights needs to be addressed specifically
5. Temporary Work Areas: Required when additional temporary access or work areas are needed beyond the permanent easement area
6. Compensation: Included when ongoing payments or compensation for the easement are part of the agreement
7. Dispute Resolution: Added when specific dispute resolution procedures are desired beyond court proceedings
8. Release of Prior Easements: Required when the new easement replaces or modifies existing easements
1. Schedule A - Legal Description: Detailed legal description of both the servient and dominant tenements
2. Schedule B - Easement Plan: Survey plan or reference plan showing the exact location and dimensions of the easement area
3. Schedule C - Permitted Uses: Detailed list of specific permitted activities and uses within the easement area
4. Schedule D - Construction Specifications: Technical specifications for any construction or installations permitted within the easement
5. Schedule E - Maintenance Standards: Detailed standards and specifications for maintenance of the easement area
6. Schedule F - Insurance Requirements: Specific insurance requirements including types of coverage and minimum amounts
7. Appendix 1 - Photographs: Current photographs of the easement area documenting its condition prior to grant
8. Appendix 2 - Regulatory Approvals: Copies of any required governmental or regulatory approvals
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