Agreement of Easement of Right of Way

Agreement of Easement of Right of Way

This agreement is made on this ……… day of ……… 1999 between Mr. AB, ………………………………… (hereinafter referred to as the DOMINANT OWNER which term shall include his successors and transferees) of the one part and Mr. CD of ……………………………………… (hereinafter referred to as the servient OWNER which term shall include his successors and transferees) of the other part.

WHEREAS the DOMINANT OWNER is the OWNER of  3 cottahs of land being premises No. ……… of …………………………… surrounded on all sides by lands of other persons and has no opening to the main road.

And WHEREAS the servient OWNER owns the land in front of the DOMINANT OWNER’s land being premises No. …… of …………………………… and is situate facing the road with wide front.

And WHEREAS the DOMINANT OWNER proposes to construct a three-storied building on his land for residential purpose and requires a direct passage to the road through the land of the servient OWNER.

And WHEREAS the DOMINANT OWNER has approached the servient OWNER for granting easement right for ingress to and egress from the DOMINANT OWNER’s premises through and over the land of the servient OWNER and on being approached the servient OWNER has agreed to grant such right of way over his land.

Now these presents witnesseth and the parties hereby agree as

follows:

1. In consideration of the DOMINANT OWNER paying Rs. 5 lakhs to the servient OWNER, the receipt whereof is acknowledged hereby, the servient OWNER hereby grants to the DOMINANT OWNER the right of passage through the South-Eastern portion of premises No. …… of ………………….

2. The passage will be 10 ft. wide running from North to South connecting the DOMINANT OWNER’s land with the main road.

3. The said passage will be used by the occupiers of premises No. …… of ………………… and also by the occupiers of premises No. ……… of …….

4. The said common passage shall be maintained by the DOMINANT OWNER and the expenses thereof would be shared equally by the DOMINANT OWNER and the servient OWNER.

5. The right of way will attach to the DOMINANT land over the servient land and such right will run with the land.

6. The common passage can be used for all purposes of entering into and coming out of the DOMINANT land with men, material, animals, vehicles and all other things which may enter the passage without damaging the land or structure thereon or causing annoyance or jeopardising the occupiers of the servient land and buildings.

7. The said common passage is to be kept open to the sky and unobstructed in any manner whatsoever.

8. If the DOMINANT OWNER fails to make repairs or keep the passage repaired then the servient OWNER may for the time being cause the repair to be done and recover 50% of such costs from the DOMINANT OWNER or the occupiers of the dominant land.

In witness whereof the parties have executed these presents on the day, month and year first above-written.

Signed and delivered by Mr. AB the

DOMINANT OWNER in the presence of:                                      Signature

1.  …………………………

2.  …………………………

Signed and delivered by Mr. CD the

servient OWNER in the presence of:                                       Signature

1.  …………………………

2.  …………………………

Disclaimer:

The information contains in this web-site is prepared for educational purpose. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. Researchers all over the world have the access to upload their writes up in this site. In consideration of the people’s participation in the Web Page, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the Lawyers & Jurists, and its officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating their work in the Web Page. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist.  The provisions of any state’s law providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived. However the Lawyers & Jurists makes no warranty expressed or implied or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any information, apparatus, product or process disclosed or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product process or service by trade name, trade mark, manufacturer or otherwise, does not necessarily constitute or imply its endorsement, recommendation or favouring by the Lawyers & Jurists. The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. Above all, if there is any complaint drop by any independent user to the admin for any contents of this site, the Lawyers & Jurists would remove this immediately from its site.