A Subsurface Easement Agreement becomes necessary when an entity requires access to or use of underground space beneath someone else's property. This document is commonly used in the United States for various purposes including utility installation, resource extraction, or underground construction. The agreement defines the exact location and dimensions of the subsurface space, permitted activities, duration of rights, compensation, and responsibilities of all parties. It must comply with federal, state, and local regulations while protecting both the grantor's and grantee's interests. The document is particularly important for ensuring clear legal rights and preventing future disputes regarding underground access and usage.
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1. Parties: Identification of grantor and grantee with full legal names and addresses
2. Background: Context of the agreement and property description
3. Definitions: Key terms used throughout the agreement
4. Grant of Easement: Specific rights being granted and description of subsurface area
5. Term and Termination: Duration of the easement and conditions for termination
6. Consideration: Payment or other value exchanged for the easement rights
7. Rights and Obligations: Specific rights and responsibilities of each party
1. Insurance Requirements: Provisions detailing insurance obligations of the grantee when activities pose significant risk
2. Environmental Provisions: Environmental protection measures and compliance requirements when activities may impact environmental conditions
3. Surface Restoration: Requirements for restoring surface conditions when surface access is needed for subsurface activities
1. Schedule A - Property Description: Legal description of the property and easement area
2. Schedule B - Survey Plans: Technical drawings and surveys of the easement area
3. Schedule C - Permitted Uses: Detailed list of authorized activities within the easement
4. Schedule D - Access Protocol: Procedures for accessing the easement area
Relevant legal definitions
Agreement
Effective Date
Easement Area
Subsurface Space
Permitted Uses
Grantor
Grantee
Property
Access Rights
Term
Compensation
Force Majeure
Improvements
Underground Facilities
Environmental Laws
Hazardous Materials
Maintenance
Emergency
Surface Rights
Construction Period
Governing Law
Notices
Business Day
Permitted Activities
Successors and Assigns
Access Points
Utilities
Restoration Requirements
Interference
Depth Requirements
Effective Date
Easement Area
Subsurface Space
Permitted Uses
Grantor
Grantee
Property
Access Rights
Term
Compensation
Force Majeure
Improvements
Underground Facilities
Environmental Laws
Hazardous Materials
Maintenance
Emergency
Surface Rights
Construction Period
Governing Law
Notices
Business Day
Permitted Activities
Successors and Assigns
Access Points
Utilities
Restoration Requirements
Interference
Depth Requirements
Clauses
Grant of Easement
Term and Termination
Consideration and Payment
Access Rights
Use Restrictions
Construction and Installation
Maintenance and Repair
Environmental Protection
Indemnification
Insurance
Assignment
Surface Restoration
Force Majeure
Compliance with Laws
Representations and Warranties
Default and Remedies
Notice Requirements
Recording Rights
Dispute Resolution
Governing Law
Severability
Entire Agreement
Amendment
Waiver
Successors and Assigns
Emergency Access
Utilities and Services
Interference Prevention
Property Rights
Abandonment
Term and Termination
Consideration and Payment
Access Rights
Use Restrictions
Construction and Installation
Maintenance and Repair
Environmental Protection
Indemnification
Insurance
Assignment
Surface Restoration
Force Majeure
Compliance with Laws
Representations and Warranties
Default and Remedies
Notice Requirements
Recording Rights
Dispute Resolution
Governing Law
Severability
Entire Agreement
Amendment
Waiver
Successors and Assigns
Emergency Access
Utilities and Services
Interference Prevention
Property Rights
Abandonment
Relevant Industries
Relevant Teams
Relevant Roles
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