The Easement And Restrictive Covenant document is essential in Hong Kong's densely populated urban environment where property rights and restrictions need careful management. This document is used when property owners need to establish formal arrangements for shared access, rights of way, or impose specific restrictions on property use. It combines two key elements: an easement granting specific rights to use another's property for defined purposes, and restrictive covenants limiting how property can be used. Common in property development, infrastructure projects, and urban planning, this document is particularly relevant in Hong Kong where space optimization and property rights management are crucial. The agreement must comply with Hong Kong's property laws, including the Conveyancing and Property Ordinance and Land Registration Ordinance, and requires registration with the Land Registry for enforceability.
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1. Parties: Identification of the grantor (property owner granting the easement/imposing covenant) and grantee (beneficiary of easement/party with right to enforce covenant)
2. Background: Context of the agreement, including description of the properties involved and the purpose of the easement/covenant
3. Definitions: Definitions of key terms used in the document, including property descriptions, permitted uses, and relevant technical terms
4. Grant of Easement: Specific details of the easement rights being granted, including the nature, extent, and duration of the rights
5. Restrictive Covenants: Detailed description of the restrictions being imposed on the use of the property
6. Duration and Binding Effect: Terms regarding how long the easement/covenant will last and who will be bound by it
7. Maintenance and Repair: Obligations regarding maintenance of the easement area and cost allocation
8. Insurance and Liability: Requirements for insurance coverage and allocation of liability
9. Enforcement: Mechanisms for enforcing the easement rights and covenant restrictions
10. Registration: Provisions regarding registration of the easement/covenant with the Land Registry
11. Governing Law and Jurisdiction: Confirmation of Hong Kong law as governing law and jurisdiction for disputes
1. Fee Arrangements: Include when there are ongoing fees or one-time payments required for the easement
2. Development Rights: Include when future development of either property needs to be addressed
3. Environmental Provisions: Include when environmental protection or conservation is a key aspect of the covenant
4. Utilities and Services: Include when the easement involves utility lines or services
5. Emergency Access: Include when emergency access provisions need to be specified
6. Alterations and Improvements: Include when changes to the easement area or affected property may be needed
7. Termination Rights: Include when specific termination conditions need to be detailed
1. Schedule 1 - Property Plans: Detailed plans showing the affected properties and easement area
2. Schedule 2 - Rights Granted: Detailed description of specific rights granted under the easement
3. Schedule 3 - Restricted Activities: Comprehensive list of activities prohibited under the covenant
4. Schedule 4 - Maintenance Schedule: Detailed maintenance requirements and responsibilities
5. Appendix A - Land Registry Documents: Copies of relevant Land Registry documents and title information
6. Appendix B - Technical Specifications: Technical specifications for any structures or facilities within the easement area
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