Road Easement Agreement for the United Kingdom

Road Easement Agreement Template for England and Wales

A Road Easement Agreement is a legal document governed by English and Welsh law that grants rights for one party to use a road or pathway over another party's land. The agreement establishes the terms and conditions of use, maintenance obligations, and cost-sharing arrangements. It creates a binding arrangement that runs with the land, ensuring continued access rights for current and future owners of the benefiting property while protecting the interests of the land-owner granting the rights.

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What is a Road Easement Agreement?

A Road Easement Agreement is essential when one property owner needs to secure legal rights to access their property by crossing another's land. This document, governed by English and Welsh law, clearly defines the rights granted, specifies maintenance responsibilities, and establishes cost-sharing arrangements. It's particularly important in situations involving landlocked properties, shared driveways, or private roads serving multiple properties. The agreement ensures long-term access rights that bind future owners, providing security and clarity for all parties involved.

What sections should be included in a Road Easement Agreement?

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

2. Background: Context of the agreement and description of the properties involved

3. Definitions: Key terms used throughout the agreement including reference to relevant legislation

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

5. Terms of Use: Conditions and limitations on the use of the easement

6. Maintenance Obligations: Responsibilities for maintaining the road and cost sharing arrangements

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

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

1. Insurance Provisions: Requirements for public liability insurance and allocation of risk

2. Development Rights: Rights to modify or develop the road and associated infrastructure

3. Environmental Provisions: Environmental protection measures and compliance requirements

What schedules should be included in a Road Easement Agreement?

1. Plan: Detailed plan showing the route of the easement and affected properties

2. Specification: Technical specifications for road construction and maintenance standards

3. Cost Allocation: Detailed breakdown of maintenance cost sharing arrangements

4. Land Registry Compliant Plan: Plan meeting Land Registry requirements for registration of the easement

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

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Easement Agreement

Cost

Free to use
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 implied grants, and Section 65 regarding creation of easements.

Land Registration Act 2002: Legislation governing the registration of land rights, including requirements for registration of easements and priority rules for protecting rights.

Highways Act 1980: Legislation relevant when easements connect to public highways, including necessary permissions and restrictions for road access.

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

Town and Country Planning Act 1990: Planning legislation that may affect the creation and implementation of road easements, including necessary planning permissions.

Environmental Protection Act 1990: Environmental legislation that must be considered for potential environmental impacts of road easements.

Building Regulations: Local authority requirements that may affect the construction and maintenance of roads subject to easements.

Land Covenants: Existing restrictive covenants affecting the land must be checked to ensure they don't conflict with proposed road easement.

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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