The Agreement For Easement Right Of Way is a crucial legal instrument in Malaysian property law, used when one property owner needs to secure legal rights to access or cross another's property. This document type is essential in various scenarios, including accessing landlocked properties, utility installations, or shared driveways. Governed by the National Land Code 1965 and relevant state legislation, it requires careful drafting to ensure compliance with Malaysian legal requirements and proper registration with land authorities. The agreement typically includes detailed property descriptions, specific terms of use, maintenance obligations, and duration of the easement rights. It's particularly relevant in Malaysia's growing property development sector, where complex land arrangements often necessitate formal easement agreements to ensure clear property rights and prevent future disputes.
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1. Parties: Identification of the grantor (servient landowner) and grantee (dominant landowner) with full legal names and registration details
2. Background: Context of the agreement, description of the properties involved, and the purpose of the easement
3. Definitions: Key terms used in the agreement including 'Easement Area', 'Right of Way', 'Permitted Use', etc.
4. Grant of Easement: Formal grant of the right of way easement, specifying the nature and scope of the rights granted
5. Duration: Term of the easement, whether perpetual or for a specific period
6. Rights and Obligations: Detailed rights of the grantee and obligations of both parties regarding the use of the easement
7. Maintenance and Repair: Responsibilities for maintaining the easement area and cost allocation
8. Insurance and Liability: Insurance requirements and allocation of risks and liabilities
9. Registration: Provisions for registration of the easement with relevant land authorities
10. Governing Law: Specification of Malaysian law as governing law and jurisdiction
1. Development Rights: Used when future development of either property needs to be addressed, specifying how such development might affect the easement
2. Temporary Access: Include when temporary alternative access routes might be needed during maintenance or construction
3. Cost Sharing: Detailed provisions for sharing costs when maintenance or repair expenses are to be split between parties
4. Environmental Obligations: Include when the easement area contains environmentally sensitive features requiring special protection
5. Security Measures: Used when specific security arrangements are needed for the easement area
6. Utilities: Include when the easement involves or affects utility lines or services
7. Dispute Resolution: Detailed alternative dispute resolution procedures beyond standard court jurisdiction
1. Schedule 1 - Property Descriptions: Detailed legal descriptions of both the dominant and servient tenements
2. Schedule 2 - Easement Area Plan: Survey plan or drawing showing the exact location and dimensions of the easement area
3. Schedule 3 - Permitted Uses: Detailed description of permitted activities and uses within the easement area
4. Schedule 4 - Maintenance Schedule: Detailed maintenance requirements and schedules if applicable
5. Appendix A - Photographs: Current photographs of the easement area and access points
6. Appendix B - Relevant Certificates: Copies of land title certificates or other relevant property documents
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