Easement Subordination Agreement Template for Philippines

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Key Requirements PROMPT example:

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."

Document background
The Easement Subordination Agreement is a specialized legal instrument used in the Philippines when there is a need to modify the priority of existing property rights. This document becomes necessary when a property with an existing easement requires refinancing, development, or faces new encumbrances that need to take priority over the easement. Governed by Philippine civil law, particularly the Civil Code of the Philippines and property registration regulations, the agreement ensures that all parties' rights are properly documented and legally protected. It typically includes detailed property descriptions, terms of subordination, and requirements for registration with appropriate government offices. The document is especially important in scenarios involving property development, utility installations, or when lenders require priority over existing property interests.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Relevant Industries

Real Estate

Infrastructure Development

Construction

Utilities

Banking and Finance

Agriculture

Commercial Property

Industrial Development

Telecommunications

Energy

Relevant Teams

Legal

Real Estate

Property Management

Corporate Finance

Development

Compliance

Land Administration

Property Rights

Infrastructure

Documentation

Relevant Roles

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

Industries
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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