GRANT OF EASEMENT RIGHT TO LIGHT AND AIR

Guideline for Drafting a Grant of Easement Right to Light and Air:

Introduction: Begin by stating the purpose of the document, which is to formalize the grant of an easement for the right to light and air over a specific property.

Parties: Identify and accurately name all parties involved in the easement grant, including their full names, addresses, and contact details.

Property Details: Clearly describe the property benefiting from the easement (the dominant property) and the property granting the easement (the servient property). Include details such as boundaries, structures, and any potential obstructions.

Easement Terms: Outline the terms and conditions of the easement, including the scope of the right to light and air, any restrictions or limitations, and the duration of the easement (temporary or permanent).

Legal Compliance: Ensure strict adherence to local property laws, regulations, and any other legal requirements governing easements and property rights.

Easement Use: Define how the dominant property owner can exercise the right to light and air, including any specific activities or alterations permitted.

Compensation (if applicable): Specify any compensation arrangements, such as periodic payments or lump-sum amounts, if the servient property owner is entitled to compensation for granting the easement.

Maintenance and Repairs: Detail the responsibilities of both parties for maintaining and repairing any structures or installations related to the easement.

Termination: Include provisions for terminating the easement, outlining the circumstances and procedures for termination.

Dispute Resolution: Establish a mechanism for resolving disputes related to the easement, 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 Scope: Ensure that the scope of the easement right to light and air is well-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.

Incomplete Termination Provisions: Clearly outline the circumstances and procedures for terminating the easement.

Ambiguity: Avoid vague language or unclear terms in the grant that may lead to misinterpretation, especially regarding compensation or maintenance.

Skipping Legal Review: Skipping the legal review process may result in errors or non-compliance with legal and contractual requirements.

A Grant of Easement Right to Light and Air is typically used when one property owner seeks the legal right to ensure access to light and air over a neighboring property. Adhering to these guidelines and avoiding common mistakes ensures that the easement grant is legally sound, protects the interests of both parties involved, and helps prevent disputes and legal complications in the future.