General Easement Agreement Template for England and Wales

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Key Requirements PROMPT example:

General Easement Agreement

"I need a General Easement Agreement to grant access rights over my commercial property in Manchester to allow my neighbor to install and maintain underground utility pipes, starting from March 2025."

What is a General Easement Agreement?

A General Easement Agreement is essential when one landowner needs to secure formal rights to use part of another's property, such as for access, running utilities, or other specific purposes. These agreements are commonly used in England and Wales where shared use of land is required, particularly in development projects or where properties are interdependent. The agreement must satisfy specific legal requirements under English law, including the need for clearly defined dominant and servient tenements, and typically requires registration at HM Land Registry. The document details all aspects of the arrangement, including maintenance responsibilities, duration, and any restrictions on use.

What sections should be included in a General Easement Agreement?

1. Parties: Details of the grantor (owner of servient tenement) and grantee (owner of dominant tenement)

2. Background: Description of the properties involved and context for the easement

3. Definitions: Key terms used throughout the agreement including property descriptions

4. Grant of Easement: Specific rights being granted and their extent

5. Duration: Term of the easement and any conditions for termination

6. Maintenance and Repair: Responsibilities for maintaining the area subject to easement

7. Covenants: Obligations of both parties regarding use of the easement

What sections are optional to include in a General Easement Agreement?

1. Consideration: Payment terms section to be included when the easement is granted for payment rather than gratuitously

2. Insurance: Insurance requirements section to be included when specific insurance coverage is required for the easement area

3. Assignment: Rights to transfer the easement, included when transfer rights need to be specifically addressed

What schedules should be included in a General Easement Agreement?

1. Schedule 1 - Plan: Detailed plan showing the exact location and extent of the easement

2. Schedule 2 - Property Descriptions: Detailed legal descriptions of both dominant and servient tenements

3. Schedule 3 - Permitted Uses: Detailed description of permitted activities under the easement

4. Schedule 4 - Maintenance Requirements: Detailed maintenance specifications if complex arrangements are needed

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

Industries

Law of Property Act 1925: Primary legislation governing property law in England and Wales. Key sections include 1(2) and 62 regarding legal estates and rights, and section 52 regarding conveyancing requirements.

Land Registration Act 2002: Governs the registration of land and interests in land, including requirements for registration of easements and provisions regarding notice and priority.

Law of Property (Miscellaneous Provisions) Act 1989: Contains formal requirements for creation of interests in land, particularly Section 2 regarding formalities for valid creation of easements.

Re Ellenborough Park [1956]: Leading case law establishing four essential characteristics for valid easements: must have dominant and servient tenements, must accommodate the dominant tenement, owners must be different persons, and must be capable of forming subject matter of grant.

Prescription Act 1832: Historical legislation governing acquisition of easements through long use (prescriptive easements).

Land Charges Act 1972: Legislation governing registration requirements for interests in unregistered land.

Perpetuities and Accumulations Act 2009: Legislation governing duration and validity of property rights, including implications for easements.

Town and Country Planning Act 1990: Planning legislation that may be relevant if the easement requires planning permission or affects development 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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