The Perpetual Right of Way Agreement is a crucial legal instrument in Malaysian property and infrastructure development, used when permanent access or use rights over private land are required. This document is essential for projects requiring long-term access rights, such as utility installations, infrastructure development, or permanent access routes. It must comply with the National Land Code 1965 and state-specific land regulations in Malaysia. The agreement typically includes detailed survey plans, specific use permissions, maintenance obligations, and registration requirements with relevant land authorities. It's particularly important in cases involving utility corridors, access to landlocked properties, or infrastructure projects requiring permanent easements. The perpetual nature of the agreement means it runs with the land and binds successive owners, making it a critical tool for long-term infrastructure and development planning.
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1. Parties: Identification of the Grantor (landowner) and Grantee (beneficiary) with full legal names and registration details
2. Background: Context of the agreement, including description of the properties involved and purpose of the right of way
3. Definitions: Definitions of key terms used throughout the agreement, including 'Right of Way Area', 'Permitted Use', etc.
4. Grant of Right of Way: Specific terms of the perpetual right of way grant, including scope and nature of rights granted
5. Rights and Obligations of Grantee: Detailed description of what the Grantee can and cannot do within the right of way area
6. Rights and Obligations of Grantor: Grantor's retained rights and responsibilities regarding the right of way area
7. Duration and Perpetual Nature: Confirmation of the perpetual nature of the grant and conditions for its continuation
8. Maintenance and Repairs: Responsibilities for maintaining the right of way area and associated infrastructure
9. Indemnification and Insurance: Liability provisions and insurance requirements for both parties
10. Registration and Compliance: Requirements for registration with relevant land authorities and compliance with local laws
11. General Provisions: Standard contract clauses including governing law, notices, and dispute resolution
1. Environmental Protection: Required when the right of way passes through environmentally sensitive areas or requires specific environmental protection measures
2. Native Title Considerations: Necessary when the right of way affects native land or aboriginal settlements
3. Utility Services: Required when the right of way is specifically for utility infrastructure installation or maintenance
4. Construction Rights: Needed when initial construction work is required to establish the right of way
5. Emergency Access: Important when the right of way serves as an emergency access route
6. Subdivision Rights: Required when future subdivision of the affected land is contemplated
1. Schedule 1 - Plan of Right of Way: Detailed survey plan showing the exact location, dimensions, and boundaries of the right of way area
2. Schedule 2 - Permitted Uses: Comprehensive list of permitted activities and uses within the right of way area
3. Schedule 3 - Maintenance Standards: Specific standards and requirements for maintaining the right of way area
4. Schedule 4 - Land Details: Legal description of affected land parcels, including title details and lot numbers
5. Schedule 5 - Required Approvals: List of necessary governmental and regulatory approvals
6. Appendix A - Form of Registration: Template for registration with land authority
7. Appendix B - Insurance Requirements: Detailed insurance specifications and minimum coverage requirements
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