ARBITRAL AWARD AS TO EASEMENTS, ETC.

 

I AWARD that the said passage yard and pump are the property of the said [one party] subject to the right of the said [other party] to the free use of water from the said pump in common with the said [one party] and of ingress and regress into and out of the said yard by and over the said stile for the purpose of fetching water therefrom and for all other purposes at his own free will and pleasure And I also award that the said pump shall in future be repaired at the joint expense of the said [one party] and [other party].

I AWARD that the said [one party] and his successors in title the owners and occupiers from the time being of the house known as No.____________ Street and his or their respective servants and licensees shall at all times hereinafter have and enjoy a right of passage on foot over and along a covered way or passage leading from ___________ Street aforesaid towards _________________ court unto and into the yard of the said [one party] behind and adjoining his said house No.___________ Street through a door in the wall belonging to the said [other party] which forms the boundary of the said yard on the west.

I AWARD that the said [party] and his successors in title the owners and occupiers for the time being of the said house and property known as _____________ and his or their respective servants and licensees shall have and enjoy a right at all times and for all purposes connected with the use and occupation of the said house or any house to be hereafter erected on the said property as a private residence but not further or otherwise with or without carts carriages or wagons motor or other vehicle to go and return over and along the private road or way coloured brown on the plan annexed to this my award from the point marked _______________ to the point marked __________________ on the said plan the said [party] and his successors in title from time to time contributing one-fourth part of the expenses of maintaining the said road and the fences and gates thereof in good repair and condition.

I AWARD that the said [party] is entitled to the perpetual use of the four several windows now opened on the west side of the said building called ____________ and the right to access of light and air to all such windows.

 

Signature

 

GUIDELINE

Guideline for Drafting Arbitral Award as to Easements:

This document is crucial in arbitration proceedings where parties seek resolution regarding easements, which are rights to use another person's property for a specific purpose. Here's a concise guide for drafting this award:

Title and Identification: Clearly title the document as "Arbitral Award as to Easements." Include the names of the parties, details of the arbitration, and case reference.

Background and Reference: Provide a brief background on the dispute, outlining the specific easements in question and the parties' respective positions.

Legal Framework: Establish the legal framework governing easements, citing relevant property laws and precedents applicable to the case.

Easement Terms: Clearly outline the terms and conditions of the easements, specifying the rights and restrictions for each party involved.

Findings and Conclusions: Present the arbitrator's findings on the validity, scope, and nature of the easements, offering a reasoned conclusion based on evidence and legal principles.

Common Mistakes to Avoid:

Unclear Easement Terms: Ensure precise language in detailing the terms of the easements to prevent future misunderstandings.

Neglecting Legal Framework: Clearly apply relevant legal principles, statutes, and precedents governing easements to strengthen the award's legal foundation.

Ambiguous Findings: Use clear and concise language in presenting findings to avoid ambiguity that may lead to misinterpretation.

Failure to Address All Easement Elements: Ensure comprehensive coverage of all elements related to easements, addressing each party's concerns.

Lack of Clarity in Conclusions: Clearly articulate the arbitrator's conclusions on the rights and obligations associated with the easements to guide the parties effectively.

By following these guidelines and avoiding common mistakes, a well-drafted Arbitral Award as to Easements provides a clear and legally sound resolution to disputes related to property rights, frequently arising in real estate and land-use conflicts.

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