The Easement Agreement Between Neighbors is essential in Malaysian property law when one property owner needs to establish legal rights to use a portion of a neighboring property. This document is commonly used for creating access rights, utility connections, drainage systems, or other shared usage arrangements between adjacent properties. It must comply with the National Land Code 1965 and related Malaysian legislation, requiring careful attention to local property laws and registration requirements. The agreement typically includes detailed property descriptions, specific easement terms, maintenance obligations, and duration provisions. It's particularly important in situations where permanent access or usage rights need to be established and documented formally to prevent future disputes and ensure the arrangement binds future property owners.
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1. Parties: Identification of the grantor (property owner granting the easement) and grantee (neighbor receiving the easement rights), including full legal names and addresses
2. Background: Context of the agreement, including property descriptions and reason for the easement
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of Easement: Specific details of the easement being granted, including its nature, scope, and purpose
5. Description of Easement Area: Precise description of the location and dimensions of the easement area
6. Duration and Terms: Period of the easement (temporary or permanent) and key terms of use
7. Rights and Obligations: Detailed rights and responsibilities of both parties regarding the easement area
8. Maintenance and Repairs: Responsibilities for maintaining and repairing the easement area
9. Insurance and Liability: Insurance requirements and allocation of liability for incidents in the easement area
10. Assignment and Running with Land: Terms regarding transferability of the easement and binding nature on future owners
11. Termination: Conditions under which the easement may be terminated
12. Governing Law: Specification of Malaysian law as governing law and jurisdiction
13. Execution: Formal execution clause and signature blocks
1. Consideration: Include when there is monetary or other consideration for the easement
2. Construction Rights: Include when the easement involves rights to construct or modify structures
3. Environmental Provisions: Include when environmental concerns or restrictions need to be addressed
4. Utilities: Include when the easement involves access to or installation of utilities
5. Dispute Resolution: Include when parties want specific dispute resolution procedures beyond court jurisdiction
6. Right of First Refusal: Include when grantor wishes to give grantee first right to purchase property
7. Temporary Access Provisions: Include for temporary construction or maintenance access rights
1. Schedule 1 - Property Details: Detailed legal description of both properties involved, including lot numbers and title details
2. Schedule 2 - Easement Area Plan: Survey plan or drawing showing the exact location and dimensions of the easement area
3. Schedule 3 - Maintenance Schedule: Detailed maintenance requirements and schedule, if applicable
4. Schedule 4 - Photographs: Current photographs of the easement area and relevant features
5. Appendix A - Required Permits: Copies of any required local authority permits or approvals
6. Appendix B - Insurance Requirements: Detailed insurance requirements and specifications
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