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Construction Easement Agreement for the United Kingdom

Construction Easement Agreement Template for England and Wales

A Construction Easement Agreement is a legal document used in England and Wales that grants temporary rights to access and use a portion of land for construction-related purposes. This agreement establishes the terms, conditions, and limitations under which a party may enter and use another's property for construction activities, including access routes, storage areas, and workspace. It details specific rights granted, duration, compensation, and obligations regarding maintenance, insurance, and restoration of the property.

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What is a Construction Easement Agreement?

The Construction Easement Agreement is essential when construction work requires access to or use of neighboring property. This document, governed by English and Welsh law, provides a formal framework for managing construction access rights while protecting both parties' interests. It typically includes detailed provisions about the scope of permitted activities, duration, insurance requirements, and restoration obligations. The agreement is particularly crucial for urban development projects, infrastructure works, or any construction requiring temporary use of adjacent land.

What sections should be included in a Construction Easement Agreement?

1. Parties: Identification and details of the grantor and grantee of the easement

2. Background: Context of the agreement and description of the properties involved

3. Definitions: Key terms used throughout the agreement including defined legislation and technical terms

4. Grant of Easement: Specific rights being granted, their scope, and limitations

5. Duration: Term of the easement rights and any extension provisions

6. Construction Requirements: Specific construction obligations, restrictions, and compliance requirements

7. Maintenance Obligations: Responsibilities for maintaining the easement area during and after construction

8. Rights and Obligations: Detailed rights and obligations of both parties

9. Indemnities: Indemnification provisions for damage or loss

10. Termination: Circumstances and process for terminating the easement

What sections are optional to include in a Construction Easement Agreement?

1. Insurance Requirements: Specific insurance obligations for construction activities

2. Environmental Provisions: Environmental protection measures and compliance requirements

3. Security Requirements: Requirements for bonds or other security measures

4. Planning Permissions: Specific provisions relating to planning permissions and compliance

5. Dispute Resolution: Procedures for resolving disputes between parties

What schedules should be included in a Construction Easement Agreement?

1. Schedule 1 - Plan: Detailed plan showing the easement area and construction zone

2. Schedule 2 - Permitted Works: Detailed description of authorized construction activities

3. Schedule 3 - Construction Programme: Timeline and phases of construction work

4. Schedule 4 - Technical Specifications: Detailed construction specifications and requirements

5. Schedule 5 - Insurance Requirements: Detailed insurance specifications and certificates

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Project Agreement

Cost

Free to use
Relevant legal definitions
































Clauses






























Industries

Law of Property Act 1925: Fundamental legislation governing property law in England and Wales, covering creation of easements, interests in land, legal estates, and registration requirements

Land Registration Act 2002: Legislation governing the registration of land interests, including requirements for registration of easements, priority rules, and notice requirements

Town and Country Planning Act 1990: Primary planning legislation that controls land development and use, affecting construction projects and easements

Building Regulations 2010: Statutory instruments that ensure construction work meets technical performance requirements and standards

Construction (Design and Management) Regulations 2015: Regulations governing health, safety and welfare in construction projects, including responsibilities of all parties involved

Party Wall etc. Act 1996: Legislation governing works to shared walls, boundaries, and excavations near neighboring buildings

Re Ellenborough Park [1956]: Leading case law establishing the four essential characteristics required for a valid easement

Environmental Protection Act 1990: Legislation covering environmental protection requirements and waste management obligations during construction

Health and Safety at Work etc. Act 1974: Primary legislation for workplace health and safety, including construction site safety requirements

Access to Neighbouring Land Act 1992: Legislation governing rights of access to neighboring land for construction and maintenance purposes

Infrastructure Act 2015: Legislation relating to infrastructure projects and development, which may affect construction easements

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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