The Right of Way Easement Form is a critical legal instrument in Malaysian property law, used to create and document access rights across properties. This document is essential when one party needs to secure legal passage through another's property for specific purposes such as accessing utilities, roads, or infrastructure. Under Malaysian jurisdiction, particularly governed by the National Land Code 1965, the form must include precise details about the easement area, rights granted, maintenance responsibilities, and duration. It's commonly used in infrastructure development, property development, and utility installation projects where access through private property is necessary. The document requires careful drafting to ensure it meets local land office registration requirements and adequately protects both grantor and grantee interests.
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1. Parties: Identification of the grantor (landowner) and grantee (beneficiary) including their full names, identification numbers, and addresses
2. Background: Brief description of the properties involved and the purpose for granting the right of way
3. Definitions: Definitions of key terms used in the agreement including 'Easement Area', 'Permitted Use', and other relevant terms
4. Grant of Easement: Express declaration of the easement grant and its nature (e.g., permanent or temporary)
5. Description of Easement Area: Detailed description of the location, dimensions, and boundaries of the easement area
6. Permitted Use: Specific details of how the easement may be used and any limitations on usage
7. Duration: Term of the easement, whether perpetual or for a specific period
8. Maintenance and Repair: Responsibilities for maintaining and repairing the easement area
9. Rights and Obligations: Detailed rights and obligations of both parties regarding the use and maintenance of the easement
10. Indemnification: Provisions for liability and indemnification between parties
11. Termination: Circumstances under which the easement may be terminated
12. Governing Law: Specification that the agreement is governed by Malaysian law
13. Execution: Formal execution clause and signing requirements
1. Insurance: Requirements for insurance coverage when the easement involves significant risk or valuable infrastructure
2. Assignment: Provisions for transferring easement rights, if permitted
3. Development Rights: Provisions regarding future development of either property and its impact on the easement
4. Utilities: Specific provisions for utility installations or access when the easement involves utility services
5. Emergency Access: Special provisions for emergency access rights and procedures
6. Temporary Construction Rights: Additional rights during construction periods if applicable
7. Environmental Protection: Special provisions for environmental protection where the easement affects sensitive areas
8. Alternative Dispute Resolution: Provisions for mediation or arbitration before court proceedings
1. Schedule 1 - Plan of Easement Area: Detailed survey plan showing the exact location and dimensions of the easement area
2. Schedule 2 - Land Title Details: Certified copy of land title(s) and relevant title particulars
3. Schedule 3 - Technical Specifications: Technical requirements for construction, maintenance, or usage of the easement area
4. Schedule 4 - Photographs: Current photographs of the easement area and relevant features
5. Schedule 5 - Maintenance Schedule: Detailed maintenance requirements and schedules if applicable
6. Appendix A - Consent Letters: Any required consent letters from authorities or other relevant parties
7. Appendix B - Special Conditions: Any special or unique conditions applying to this specific easement
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