The Perpetual Easement Agreement is a vital legal instrument in Malaysian property law, used when permanent access or usage rights need to be established between properties. This document is essential in scenarios such as shared driveways, utility access, rights of way, or infrastructure installations that need to persist regardless of property ownership changes. Governed by the National Land Code 1965 and relevant state legislation, the agreement must be properly registered with Malaysian land authorities to be legally binding. It's particularly relevant in Malaysia's developing urban and rural landscapes where shared access and infrastructure requirements are increasingly common. The document provides detailed specifications of the easement area, rights granted, maintenance responsibilities, and ensures compliance with local land use regulations.
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1. Parties: Identification of the grantor (servient land owner) and grantee (dominant land owner) with full legal names and registration details
2. Background: Context of the agreement, including description of both properties and the purpose of the easement
3. Definitions: Key terms used in the agreement, including technical terms and specific references to land parcels
4. Grant of Easement: Specific details of the rights being granted, including the nature and extent of the easement
5. Duration and Perpetuity: Confirmation of the perpetual nature of the easement and conditions for its continuation
6. Rights and Obligations: Detailed responsibilities of both parties regarding the use and maintenance of the easement area
7. Maintenance and Repairs: Specifications for maintaining the easement area and cost allocation between parties
8. Indemnification: Provisions for liability and indemnification related to the use of the easement
9. Registration: Requirements and procedures for registering the easement with relevant land authorities
10. Governing Law: Specification of Malaysian law and relevant jurisdictional matters
1. Insurance: Insurance requirements for the easement area, used when specific risks need to be covered
2. Development Rights: Provisions regarding future development of either property, included when development plans are anticipated
3. Environmental Matters: Environmental obligations and restrictions, included when environmental concerns are relevant
4. Emergency Access: Provisions for emergency access rights, included when safety or security concerns exist
5. Dispute Resolution: Specific procedures for resolving disputes, included when parties want detailed conflict resolution mechanisms
6. Assignment Rights: Provisions for transferring easement rights, included when future transfers are anticipated
7. Utilities: Specific provisions for utility installations or access, included when utilities are part of the easement purpose
1. Schedule 1 - Property Descriptions: Detailed legal descriptions of both the dominant and servient tenements
2. Schedule 2 - Easement Area Plan: Survey plan or detailed drawing showing the exact location and dimensions of the easement
3. Schedule 3 - Permitted Uses: Detailed list of permitted activities and uses within the easement area
4. Schedule 4 - Maintenance Schedule: Detailed maintenance requirements and schedules for the easement area
5. Appendix A - Land Title Documents: Copies of relevant land title documents for both properties
6. Appendix B - Technical Specifications: Technical requirements for any structures or improvements within the easement area
7. Appendix C - Photographs: Current photographs of the easement area and relevant features
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