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Deed Granting Easement

This template is a formal legal document used to grant a right (easement) over one property for the benefit of another property. It is typically used when a landowner needs to allow another party to use a portion of their land for a specific purpose, such as access or utilities.

Updated 16d ago
easementdeedproperty rightslandservitudereal estatelegal agreement

Company Letterhead

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

DEED GRANTING EASEMENT

This DEED OF EASEMENT is made and entered into on this {{day}} day of {{month}}, {{year}}.

BETWEEN:

{{grantor_name}} (Identity Number: {{grantor_id_number}}) of {{grantor_address}} (hereinafter referred to as "the Grantor")

AND

{{grantee_name}} (Identity Number: {{grantee_id_number}}) of {{grantee_address}} (hereinafter referred to as "the Grantee")

RECITALS

WHEREAS, the Grantor is the registered owner of the property described as {{grantor_property_description}} (hereinafter referred to as "the Servient Tenement");

AND WHEREAS, the Grantee is the registered owner of the property described as {{grantee_property_description}} (hereinafter referred to as "the Dominant Tenement");

AND WHEREAS, the Grantor has agreed to grant an easement over a portion of the Servient Tenement for the benefit of the Dominant Tenement, upon the terms and conditions hereinafter appearing.

GRANT OF EASEMENT

The Grantor, for and in consideration of the sum of {{consideration_amount}} ({{consideration_amount_words}}) paid by the Grantee to the Grantor, the receipt whereof is hereby acknowledged, DOES HEREBY GRANT unto the Grantee, its successors in title and assigns, a perpetual and indefeasible servitude/easement over that portion of the Servient Tenement as more fully described and depicted in the diagram annexed hereto as Annexure "A" (hereinafter referred to as "the Easement Area"), for the purpose of {{purpose_of_easement}}.

SCOPE AND EXERCISE OF EASEMENT

The Easement hereby granted shall entitle the Grantee to: {{specific_rights_granted}}

The Grantee shall exercise the rights granted herein in a reasonable manner so as not to cause undue prejudice or inconvenience to the Grantor or any other lawful occupier of the Servient Tenement.

MAINTENANCE AND REPAIR

The Grantee shall be solely responsible for the maintenance, repair, and upkeep of any installations or improvements within the Easement Area related to the exercise of the easement. The Grantee shall indemnify and hold harmless the Grantor against any loss, damage, or liability arising from the Grantee's activities within the Easement Area.

COVENANTS AND WARRANTIES

The Grantor hereby covenants that it has the full right, power, and authority to grant this Easement and that the Servient Tenement is free from any encumbrances that would prevent or interfere with the exercise of the Easement.

The Grantee hereby covenants to comply with all applicable laws, regulations, and bylaws relating to the exercise of the Easement.

INDEMNITY

The Grantee hereby indemnifies and holds harmless the Grantor against any and all claims, demands, losses, liabilities, costs, and expenses (including legal costs) suffered or incurred by the Grantor as a result of or in connection with the Grantee's exercise of the Easement.

NOTICES

Any notice required to be given hereunder shall be in writing and shall be delivered personally or sent by registered post to the addresses set out above, or such other address as a party may notify the other in writing.

GOVERNING LAW

This Deed of Easement shall be governed by and construed in accordance with the laws of {{country}}.

GENERAL PROVISIONS

This Deed constitutes the entire agreement between the parties with regard to the subject matter hereof and no addition to or variation, deletion or novation of this Deed shall be of any force or effect unless reduced to writing and signed by or on behalf of the parties.

No indulgence, leniency or extension of time granted by either party shall in any way prejudice such party or be construed as a waiver of any of its rights.

SIGNATURES

THUS DONE AND SIGNED at {{place_of_signing_grantor}} on this {{day_grantor}} day of {{month_grantor}}, {{year_grantor}}.

_____________________________

GRANTOR ({{grantor_name}})

As Witnesses:

1. _________________________

2. _________________________

THUS DONE AND SIGNED at {{place_of_signing_grantee}} on this {{day_grantee}} day of {{month_grantee}}, {{year_grantee}}.

_____________________________

GRANTEE ({{grantee_name}})

As Witnesses:

1. _________________________

2. _________________________

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