Creation of Servitude

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Creation of Servitude

Creation of Servitude

{{company_name}}

{{company_address}}

Tel: {{phone}}

Email: {{email}}

Website: {{website}}

DEED OF SERVITUDE

This Deed of Servitude is made and entered into on this {{day}} day of {{month}}, {{year}},

BETWEEN:

{{Owner_Name}} of {{Owner_Address}} (hereinafter referred to as "the Grantor"),

AND:

{{Beneficiary_Name}} of {{Beneficiary_Address}} (hereinafter referred to as "the Grantee").

RECITALS

WHEREAS, the Grantor is the registered owner of the property described in Schedule A hereto (hereinafter referred to as "the Dominant Tenement").

AND WHEREAS, the Grantee is the registered owner of the property described in Schedule B hereto (hereinafter referred to as "the Servient Tenement").

AND WHEREAS, the Grantor and Grantee desire to create a servitude over the Servient Tenement, for the benefit of the Dominant Tenement, upon the terms and conditions hereinafter appearing.

GRANT OF SERVITUDE

NOW, THEREFORE, the Grantor, for and in consideration of the sum of {{Consideration_Amount}} ({{Currency}}) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, doth hereby grant and create unto the Grantee, its successors and assigns, a perpetual and indefeasible servitude (hereinafter referred to as "the Servitude") over the Servient Tenement, more particularly described as follows:

{{Detailed_Description_of_Servitude_Area_and_Purpose}}

SCOPE AND EXERCISE OF SERVITUDE

The Servitude hereby granted shall be limited to the {{Purpose_of_Servitude}}, and the Grantee shall only exercise such rights as are reasonably necessary for the said purpose. The Grantee shall ensure that in the exercise of the Servitude, there is minimal disturbance to the Grantor's use and enjoyment of the Servient Tenement.

The Servitude shall include, but not be limited to, the right to:

a) {{Specific_Right_1}}

b) {{Specific_Right_2}}

c) {{Specific_Right_3}}

MAINTENANCE AND REPAIR

The Grantee shall be responsible for the maintenance, repair, and upkeep of the area over which the Servitude is exercised, at its own cost. The Grantee shall immediately repair any damage caused to the Servient Tenement as a result of the exercise of the Servitude.

In the event of failure by the Grantee to maintain and repair the Servitude area, the Grantor shall have the right, after giving {{Notice_Period}} days' written notice, to carry out such maintenance and repair and recover the costs from the Grantee.

INDEMNITY

The Grantee hereby indemnifies and holds harmless the Grantor from and against all claims, demands, actions, proceedings, costs, and expenses whatsoever arising from or in connection with the exercise of the Servitude by the Grantee, its agents, employees, or invitees.

REGISTRATION

The parties agree to take all necessary steps to register this Deed of Servitude in the appropriate land registry office, at the cost of the {{Party_Responsible_for_Registration}}.

GOVERNING LAW

This Deed of Servitude shall be governed by and construed in accordance with the laws of {{Country/Jurisdiction}}.

ENTIRE AGREEMENT

This Deed constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior discussions, negotiations, and agreements, whether oral or written.

IN WITNESS WHEREOF

The parties have executed this Deed of Servitude on the date first above written.

___________________________

{{Grantor_Signature}}

___________________________

{{Grantor_Printed_Name}}

___________________________

{{Beneficiary_Signature}}

___________________________

{{Beneficiary_Printed_Name}}

SCHEDULE A: DOMINANT TENEMENT

{{Legal_Description_of_Dominant_Tenement}}

SCHEDULE B: SERVIENT TENEMENT

{{Legal_Description_of_Servient_Tenement}}