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Easement Subordination Agreement
"I need an Easement Subordination Agreement for our telecommunications tower in Manila, where an existing utility easement needs to be subordinated to allow for the installation of new fiber optic cables by March 2025, with both PLDT and Meralco as involved parties."
1. Parties: Identifies all parties to the agreement including the dominant estate owner, servient estate owner, and any lenders or mortgagees involved in the subordination
2. Background: Recites the existence of the current easement, any existing encumbrances, and the reason for subordination
3. Definitions: Defines key terms used throughout the agreement, including property descriptions, existing easement details, and relevant loan or security documents
4. Existing Easement Description: Detailed description of the current easement, its purpose, and scope
5. Subordination Terms: Core terms establishing the subordination of rights and the new priority order of interests
6. Representations and Warranties: Statements by all parties confirming their authority, ownership, and ability to enter into the agreement
7. Covenants: Ongoing obligations of the parties regarding the subordinated easement
8. Registration and Recording: Requirements and procedures for recording the subordination with appropriate government offices
9. Governing Law: Specifies Philippine law as governing law and relevant jurisdiction
10. Execution: Formal signing requirements and notarization provisions
1. Consent of Mortgagee: Required when there is an existing mortgage on either property and the mortgagee's consent is needed
2. Duration and Termination: Include when the subordination is temporary or conditional
3. Insurance Requirements: Include when specific insurance coverage is required for the easement area
4. Modification of Original Easement: Include when the subordination agreement also modifies terms of the original easement
5. Compensation: Include when there is payment or consideration for the subordination
6. Dispute Resolution: Optional detailed procedures for handling disputes, including mediation or arbitration provisions
1. Property Descriptions: Detailed legal descriptions of both the dominant and servient estates
2. Original Easement Document: Copy or extract of the original easement agreement being subordinated
3. Survey Plan: Technical survey showing the easement area and affected properties
4. Existing Encumbrances: List of all current encumbrances on both properties
5. Consent Documents: Copies of any required consents from mortgagees or other interest holders
6. Property Title Certificates: Certified copies of land titles or transfer certificates of title
Authors
Dominant Estate
Servient Estate
Existing Easement
Easement Area
Subordination
Property
Original Easement Agreement
Effective Date
Encumbrance
Lender
Mortgage
New Priority Interest
Permitted Use
Prior Rights
Property Title
Recording Office
Register of Deeds
Security Interest
Transfer Certificate of Title
Easement Rights
Business Day
Governing Law
Parties
Technical Description
Consideration
Recitals
Definitions
Property Description
Easement Description
Subordination
Representations and Warranties
Covenants
Registration and Recording
Consent
Priority of Interests
Indemnification
Amendment
Assignment
Notice
Severability
Entire Agreement
Governing Law
Dispute Resolution
Force Majeure
Further Assurance
Costs
Execution
Notarization
Real Estate
Infrastructure Development
Construction
Utilities
Banking and Finance
Agriculture
Commercial Property
Industrial Development
Telecommunications
Energy
Legal
Real Estate
Property Management
Corporate Finance
Development
Compliance
Land Administration
Property Rights
Infrastructure
Documentation
Real Estate Lawyer
Property Manager
Land Development Officer
Mortgage Officer
Real Estate Developer
Corporate Counsel
Property Rights Specialist
Land Registration Officer
Real Estate Transaction Manager
Infrastructure Development Manager
Utility Rights Coordinator
Property Rights Attorney
Real Estate Compliance Officer
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