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Easement Of Lateral And Subjacent Support
"I need an Easement of Lateral and Subjacent Support agreement for a 15-story commercial building development in Makati City, where we'll need temporary and permanent support from the adjacent property during construction starting March 2025, with specific provisions for construction phase support and monitoring."
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1. Parties: Identification of the dominant estate owner (beneficiary of the support) and servient estate owner (provider of the support)
2. Background: Context of the agreement, description of the properties involved, and the need for lateral and subjacent support
3. Definitions: Key terms including 'lateral support', 'subjacent support', 'dominant estate', 'servient estate', and technical terms
4. Grant of Easement: Formal creation and scope of the easement rights for lateral and subjacent support
5. Nature and Extent of Support: Detailed description of the type and extent of support required and provided
6. Technical Requirements: Specific structural and engineering requirements for maintaining proper support
7. Maintenance and Repairs: Obligations for maintaining support structures and conducting necessary repairs
8. Rights of Access: Conditions under which the dominant estate owner may access the servient estate for inspection or maintenance
9. Prohibited Activities: Activities that could compromise the support structure or violate the easement
10. Liability and Indemnification: Allocation of risks and responsibilities between the parties
11. Term and Termination: Duration of the easement and conditions for modification or termination
12. Governing Law and Jurisdiction: Confirmation of Philippine law application and jurisdiction for disputes
13. Execution: Signature blocks and notarization requirements
1. Construction Requirements: Temporary provisions during initial construction or major renovations
2. Multiple Property Provisions: Additional provisions when more than two properties are involved in the support arrangement
3. Environmental Compliance: Specific provisions related to environmental protection and compliance
4. Insurance Requirements: Specific insurance obligations for either party
5. Dispute Resolution: Alternative dispute resolution procedures before court litigation
6. Assignment and Succession: Rules for transferring easement rights with property ownership
7. Emergency Procedures: Protocols for handling emergency situations affecting support structures
1. Property Details: Legal descriptions and boundaries of both dominant and servient estates
2. Technical Specifications: Detailed engineering specifications and drawings for support structures
3. Maintenance Schedule: Timeline and specifications for regular maintenance activities
4. Site Plan: Detailed plans showing the location and extent of support structures
5. Photographs: Current condition documentation of both properties and support structures
6. Engineering Reports: Professional assessments and certifications of support requirements
7. Contact Information: List of key contacts including engineers, contractors, and emergency contacts
Authors
Dominant Estate
Servient Estate
Lateral Support
Subjacent Support
Support Structure
Property
Common Wall
Load-Bearing Structure
Engineering Standards
Maintenance Activities
Emergency Situation
Force Majeure
Building Code
Technical Specifications
Support Requirements
Construction Activities
Excavation
Structural Integrity
Access Rights
Professional Engineer
Licensed Architect
Effective Date
Permitted Use
Material Adverse Effect
Support Area
Building Line
Foundation
Soil Conditions
Inspection Period
Maintenance Schedule
Repair Work
Structural Assessment
Notifiable Event
Governing Authority
Property Rights
Technical Requirements
Maintenance Obligations
Access Rights
Inspection Rights
Construction Requirements
Structural Support
Insurance
Indemnification
Liability
Force Majeure
Term and Termination
Assignment
Dispute Resolution
Governing Law
Compliance
Notice Requirements
Emergency Procedures
Remedial Works
Cost Allocation
Environmental Protection
Registration Requirements
Representations and Warranties
Amendment and Modification
Severability
Entire Agreement
Successors and Assigns
Real Estate
Construction
Property Development
Infrastructure
Urban Planning
Architecture
Engineering Services
Legal Services
Property Management
Mining and Excavation
Legal
Real Estate
Construction
Property Management
Engineering
Risk Management
Facilities Management
Project Management
Compliance
Technical Services
Property Developer
Real Estate Attorney
Construction Manager
Structural Engineer
Property Manager
Architect
Civil Engineer
Real Estate Manager
Legal Counsel
Building Inspector
Project Manager
Facilities Manager
Urban Planner
Risk Manager
Construction Site Supervisor
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