Easement Of Lateral And Subjacent Support Template for Philippines

The Easement Of Lateral And Subjacent Support agreement is crucial in Philippine urban development where properties rely on neighboring structures or land for physical support. This document becomes necessary when construction, excavation, or development activities could affect the structural integrity of adjacent properties. It's particularly relevant in dense urban areas where buildings share common walls or where deep foundations affect neighboring properties. The agreement must comply with the Civil Code of the Philippines, particularly Articles 684-686 regarding support easements, while also adhering to the National Building Code and local building regulations. It includes technical specifications, maintenance obligations, access rights, and liability provisions to ensure proper property support and risk management.

1. Parties: Identification of the dominant estate owner (beneficiary of the support) and servient estate owner (provider of the support)

2. Background: Context of the agreement, description of the properties involved, and the need for lateral and subjacent support

3. Definitions: Key terms including 'lateral support', 'subjacent support', 'dominant estate', 'servient estate', and technical terms

4. Grant of Easement: Formal creation and scope of the easement rights for lateral and subjacent support

5. Nature and Extent of Support: Detailed description of the type and extent of support required and provided

6. Technical Requirements: Specific structural and engineering requirements for maintaining proper support

7. Maintenance and Repairs: Obligations for maintaining support structures and conducting necessary repairs

8. Rights of Access: Conditions under which the dominant estate owner may access the servient estate for inspection or maintenance

9. Prohibited Activities: Activities that could compromise the support structure or violate the easement

10. Liability and Indemnification: Allocation of risks and responsibilities between the parties

11. Term and Termination: Duration of the easement and conditions for modification or termination

12. Governing Law and Jurisdiction: Confirmation of Philippine law application and jurisdiction for disputes

13. Execution: Signature blocks and notarization requirements