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Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
GRANT OF A RIGHT OF WAY IN PERPETUITY
THIS DEED is made at ????.this????.day of..........................20 ?between A son of????.resident of.....................hereinafter called the "grantor" (which expression shall unless it be repugnant to the context or meaning thereof include his heirs, assigns and executors) of the ONE PART and B son of????.....resident of ????.hereinafter called the "Grantee",(which expression shall, unless it be repugnant to the context or meaning thereof include his heirs, assigns and executors) of the OTHER PART
WHEREAS
(1)The grantor is seized and possessed of the land, more particularly described in the First Schedule hereunder written and delineated on the plan annexed hereto and thereon coloured grey.
(2)The grantee is seized and possessed of the land, more particularly described in the Second Schedule hereunder written and delineated and coloured pink on the said plan
(3) The grantor has agreed in consideration of the payment of Rs. ???..to grant to the grantee such right of way as is hereinafter contained
NOW THIS DEED WITNESSETH AS FOLLOWS
(1) In consideration of Rs????.paid by the grantee to the grantor (the receipt whereby the grantor hereby acknowledges), the grantor hereby grants unto the grantee full right and liberty for the grantee and his assigns and successors- i n-title for the time being ofthe land described in Second Schedule or any part thereof and his or their respective servants, tenants, visitors and licencees (in common with the grantor and all other having the like right) at all times hereafter by day or night to pass and re-pass in common with the grantor, his assigns, and successors-in-title heretofore with or without horses, cattle or other animals, carts, carriages or other vehicles, laden or unladen of any description on or over the roadway between the points marked X and Y and shown by dotted lines on the said plan and thereon coloured brown for all purposes connected with the use and enjoyment of the land described in Second Schedule but not for any other purpose whatsoever, to hold the said right of way unto the grantee
(2)The grantee hereby covenants with the grantor and his assigns and successors-in-title that the grantee and his assigns and successors-in-title will from time to time contribute a fair proportion according to user of the costs of keeping the said roadway in repair, the proportion in case of difference to be ascertained by a single arbitrator appointed under the Indian Arbitration Act.
IN WITNESS WHEREOF, the parties aforementioned have set their hands in token of acceptance thereof the day and year first hereinabove written.
The First Schedule above referred to
(Description of the property of A)
The Second Schedule above referred to
(Description of the property of B)
ANNEXURE
PLAN
WITNESSES
1 Signed and delivered by the within named A
2. Signed and delivered by the within named B
Guideline for Drafting a Grant of a Right of Way in Perpetuity:
Introduction: Begin by stating the purpose of the document, which is to formalize the grant of a perpetual right of way across a specific property.
Parties: Identify and accurately name all parties involved in the grant, including their full names, addresses, and contact details.
Property Details: Clearly describe the property benefiting from the right of way (the dominant property) and the property granting the right of way (the servient property). Include details such as boundaries, access points, and any structures or paths involved.
Right of Way Terms: Outline the terms and conditions of the right of way grant, including the scope of the right, any restrictions or limitations, and the perpetual nature of the grant.
Legal Compliance: Ensure strict adherence to local property laws, regulations, and any other legal requirements governing easements, property rights, and perpetual agreements.
Scope of Right of Way: Define the extent and purpose of the right of way, including any specific uses or activities permitted, such as access, utilities, or maintenance.
Maintenance and Repairs: Specify responsibilities for maintaining and repairing the right of way, including structures, paths, or any installations related to it.
Termination: Clearly outline under what circumstances, if any, the right of way can be terminated, and include any notice requirements for termination.
Dispute Resolution: Establish a mechanism for resolving disputes related to the right of way, such as mediation or arbitration.
Witnesses and Signatures: Include witnesses who can attest to the authenticity of the grant. Obtain signatures from all parties involved to confirm their consent and understanding of the terms.
Legal Review: Before finalizing the document, consult with a legal expert to ensure it complies with all relevant laws, property regulations, and contractual obligations.
Common Mistakes to Avoid:
Unclear Terms: Ensure that the terms of the right of way are clearly defined and not open to interpretation.
Non-Compliance with Property Laws: Failure to adhere to local property laws and regulations can lead to legal issues and disputes.
Ambiguity: Avoid vague language or unclear terms in the grant that may lead to misinterpretation.
Lack of Clarity on Termination: Clearly outline the circumstances and procedures for terminating the right of way, if applicable.
Skipping Legal Review: Skipping the legal review process may result in errors or non-compliance with legal and contractual requirements.
A Grant of a Right of Way in Perpetuity is used when a property owner grants an indefinite right of way across their property to another party. It is a common document in real estate transactions and property agreements. Adhering to these guidelines and avoiding common mistakes ensures that the right of way grant is legally sound, protects the interests of all parties involved, and helps prevent disputes and legal complications related to access and property rights.