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Real Estate Easement Agreement

Real Estate Easement Agreement Template for Philippines

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Key Requirements PROMPT example:

Real Estate Easement Agreement

"I need a Real Estate Easement Agreement for a telecommunications company to install and maintain fiber optic cables across my commercial property in Manila, with the easement to be granted permanently starting March 1, 2025."

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Document background
A Real Estate Easement Agreement is essential when one party needs to establish legal rights to use or access another party's property in the Philippines. This document is commonly used for utility access, rights of way, shared driveways, or infrastructure development. The agreement must comply with the Civil Code of the Philippines and local property laws, requiring careful drafting to protect both parties' interests. It typically includes detailed descriptions of the easement area, duration, permitted uses, maintenance responsibilities, and registration requirements. This type of agreement is particularly important in urban development, infrastructure projects, and property development where shared access or use rights are necessary for effective property utilization.
Suggested Sections

1. Parties: Identifies and provides full details of the dominant estate owner (grantee) and servient estate owner (grantor)

2. Background: Describes the properties involved, their ownership status, and the purpose for creating the easement

3. Definitions: Defines key terms used throughout the agreement, including technical and legal terminology

4. Grant of Easement: Explicitly states the rights being granted and the nature of the easement

5. Description of Easement Area: Detailed description of the location, dimensions, and boundaries of the easement area

6. Term and Duration: Specifies whether the easement is perpetual or temporary, including any conditions for termination

7. Rights and Obligations of Grantor: Details the responsibilities and restrictions on the servient estate owner

8. Rights and Obligations of Grantee: Outlines the rights and responsibilities of the dominant estate owner

9. Maintenance and Repairs: Specifies responsibilities for maintaining the easement area and any improvements

10. Insurance and Liability: Establishes insurance requirements and allocation of liability

11. Registration and Documentation: Requirements for recording the easement with appropriate authorities

12. Governing Law: Confirms Philippine law governance and jurisdiction

13. Execution: Signature blocks and notarization requirements

Optional Sections

1. Compensation: Include when there is monetary consideration for the easement grant

2. Construction Requirements: Include when the easement involves construction of specific improvements

3. Environmental Protection: Include when environmental concerns need specific addressing

4. Utilities: Include when the easement involves utility installations or access

5. Assignment Rights: Include when transfer rights need to be specifically addressed

6. Temporary Access: Include when temporary construction or maintenance access is needed

7. Alternative Dispute Resolution: Include when parties want to specify mediation or arbitration procedures

8. Force Majeure: Include when parties want to address extraordinary circumstances affecting the easement

Suggested Schedules

1. Schedule A - Property Descriptions: Detailed legal descriptions of both the dominant and servient estates

2. Schedule B - Easement Plan: Survey plan or drawing showing the exact location and dimensions of the easement

3. Schedule C - Photographs: Current photographs of the easement area and relevant features

4. Schedule D - Maintenance Schedule: Detailed maintenance requirements and schedules if applicable

5. Schedule E - Required Permits: Copies of any required governmental permits or approvals

6. Appendix 1 - Technical Specifications: Technical requirements for any construction or improvements

7. Appendix 2 - Title Documents: Copies of relevant property titles and registration documents

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Real Estate

Construction

Infrastructure

Utilities

Property Development

Agriculture

Mining

Telecommunications

Energy

Industrial Manufacturing

Relevant Teams

Legal

Real Estate Operations

Property Management

Facilities Management

Project Development

Compliance

Construction Management

Asset Management

Risk Management

Corporate Affairs

Relevant Roles

Real Estate Lawyer

Property Manager

Land Developer

Construction Project Manager

Facilities Manager

Real Estate Agent

Property Development Director

Urban Planner

Legal Counsel

Compliance Officer

Land Surveyor

Property Rights Specialist

Real Estate Operations Manager

Asset Manager

Industries
Civil Code of the Philippines (Republic Act No. 386) - Book II, Title VII (Easements or Servitudes): Articles 613-706 provide the primary legal framework for easements in the Philippines, including definitions, types of easements, rights and obligations of parties, and methods of creation and extinguishment
Property Registration Decree (Presidential Decree No. 1529): Governs the registration of real estate properties and related rights including easements, ensuring proper documentation and protection of property rights
Local Government Code of 1991 (Republic Act No. 7160): Contains provisions affecting property rights and land use, including local government authority over easements affecting public use
Water Code of the Philippines (Presidential Decree No. 1067): Relevant for water-related easements, including right of way for water courses and drainage systems
Building Code of the Philippines (Republic Act No. 6541): Contains provisions about building setbacks and rights of way that may affect or create easements
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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