The Perpetual Right of Way Agreement is a crucial legal instrument in Philippine property law, used when permanent access rights over private property are required for long-term infrastructure, utility installations, or access requirements. This document is essential for projects requiring permanent easements or access rights, such as power transmission lines, water pipelines, telecommunications infrastructure, or permanent access roads. It must comply with the Civil Code of the Philippines, the Property Registration Decree (PD 1529), and relevant local government regulations. The agreement is particularly important in the Philippines' rapidly developing infrastructure sector, where securing permanent access rights is crucial for public utilities and private development projects. The document includes detailed technical specifications, compensation terms, and registration requirements to ensure enforceability and proper recording with the Land Registration Authority.
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1. Parties: Identification of the Grantor (property owner) and Grantee (beneficiary of the right of way), including their complete legal names, addresses, and legal capacity
2. Background: Context of the agreement, including description of the properties involved and the purpose of the right of way
3. Definitions: Definitions of key terms used throughout the agreement, including technical terms related to the right of way
4. Grant of Right of Way: Explicit declaration of the perpetual right of way, its nature, scope, and specific rights granted
5. Description of Right of Way: Detailed description of the right of way area, including dimensions, boundaries, and permitted uses
6. Consideration: Details of payment or consideration for the grant of perpetual right of way
7. Rights and Obligations of the Grantor: Specific rights retained by and obligations imposed on the property owner
8. Rights and Obligations of the Grantee: Rights and responsibilities of the party receiving the right of way, including maintenance obligations
9. Term and Perpetuity: Confirmation of the perpetual nature of the agreement and conditions for its continuation
10. Registration and Documentation: Requirements for registration with the Register of Deeds and other necessary legal documentation
11. Representations and Warranties: Standard warranties regarding ownership, authority to grant, and absence of encumbrances
12. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes
13. Execution: Formal execution requirements including notarization and witness provisions as required under Philippine law
1. Environmental Compliance: Required when the right of way affects environmentally sensitive areas or requires environmental permits
2. Indigenous Peoples' Rights: Necessary when the property is within or affects areas covered by Indigenous Peoples' Rights Act
3. Utility Provisions: Include when the right of way is specifically for utility installation or maintenance
4. Construction Requirements: Needed when specific construction work is required to establish or maintain the right of way
5. Insurance Requirements: Include when specific insurance coverage is required for the use of the right of way
6. Emergency Access: Required when the right of way needs special provisions for emergency situations
7. Restoration Obligations: Include when specific requirements exist for restoring the property after work or maintenance
1. Schedule A - Property Details: Technical description of the affected property including lot number, title details, and technical boundaries
2. Schedule B - Right of Way Plan: Detailed survey plan showing the exact location, dimensions, and coordinates of the right of way
3. Schedule C - Photographs: Current photographs of the right of way area and affected property
4. Schedule D - Permits and Clearances: Copies of relevant permits, environmental clearances, or local government approvals
5. Schedule E - Compensation Details: Detailed breakdown of compensation calculation and payment terms
6. Appendix 1 - Title Documents: Certified true copies of land titles and other ownership documents
7. Appendix 2 - Technical Specifications: Specific technical requirements for construction, maintenance, or utility installation if applicable
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