Deed of grant of easements
Deed of grant of easements

The following Property precedent provides comprehensive and up to date legal information covering:

  • Deed of grant of easements
  • 1 Definitions
  • 2 Interpretation
  • 3 Grant
  • 4 Reservation of rights
  • 5 Grantor’s covenants
  • 6 Grantee’s covenants
  • 7 Mortgagee’s consent
  • 8 HM Land Registry
  • 9 VAT
  • More...

This Deed is made on [insert date]

PARTIES

  1. 1

    [insert name of the owner of the Servient Land] [ of [insert address] OR incorporated in England and Wales with company registration number [insert company registration number] whose registered office is at [insert registered office address]] (the Grantor);

  1. 2

    [insert name of the owner of the Dominant Land][ of [insert address] OR incorporated in England and Wales with company registration number [insert company registration number] whose registered office is at [insert registered office address]] (the Grantee);

  1. 3

    [[insert name of the mortgagee][ of [insert address] OR incorporated in England and Wales with company registration number [insert company registration number] whose registered office is at [insert registered office address]] (the Mortgagee).]

    1. 1

      Definitions

      In this Deed the following definitions apply:

      Dominant Land

      1. the [freehold OR leasehold] land known as [insert details] [as registered at HM Land Registry with title number [insert title number]] [shown [edged red] on the Plan];

      [Easement Strip

      1. the strip of land [insert number] metres wide shown coloured [insert colour] on the Plan between the points marked [‘A’ and ‘B’];]

      Plan

      1. the plan annexed to this Deed as Appendix 1;

      Rights

      1. the rights set out in Schedule 1;

      Servient Land

      1. the [freehold OR leasehold] land known as [insert details] [as registered at HM Land Registry with title number [insert title number]] [shown [edged blue] on the Plan];

      VAT

      1. value added tax or any other

    1. tax of a similar nature.

  1. 2

    Interpretation

    1. 2.1

      In this Deed:

      1. 2.1.1

        Grantor[ and OR ,] Grantee [and Mortgagee] include their respective successors in title;

      1. 2.1.2

        the [table of contents and] clause headings are for reference only and do not affect its construction;

      1. 2.1.3

        the word 'liability' includes all costs, claims, expenses and loss incurred or suffered by the relevant party;

      1. 2.1.4

        general words introduced by the word 'other' do not have a restrictive meaning even where preceded by words indicating a particular class of acts, things or matters;

      1. 2.1.5

        where a party to this Deed includes two or more persons, the covenants made by that party are made by those persons jointly and severally;

      1. 2.1.6

        an obligation in this Deed not to do any act or thing includes an obligation not to permit or suffer that act or thing to be done by another person.

  1. 3

    Grant

    1. 3.1

      In consideration of £[insert figure] [(plus VAT)] (receipt of which is acknowledged by the Grantor) and the covenants set out in Schedule 4, the Grantor with [full OR limited] title guarantee in respect of the Servient Land grants to the Grantee the Rights to hold to the Grantee [in fee simple OR for a term of [insert number] years] commencing on [the date of this Deed OR [insert date]].

    1. 3.2

      All rights not expressly included in the Rights are reserved to the Grantor.

    1. 3.3

      The Rights are granted subject to the observance and performance of the covenants contained in Schedule 4.

    1. 3.4

      [The Rights are not granted exclusively to the Grantee and are granted in common with any other persons lawfully entitled to the Rights or similar rights in respect of the Servient Land.]

  1. 4

    Reservation of rights

    The Grantor reserves for itself the rights set out in Schedule 2.

  1. 5

    Grantor’s covenants

    The Grantor covenants with the Grantee so as to bind the Servient Land into whosoever’s hands it may come for the benefit and protection of the Dominant Land that the Grantor and its successors in title shall at all times after the date of this Deed observe and perform the covenants and restrictions set out in Schedule 3.

  1. 6

    Grantee’s covenants

    The Grantee covenants with the Grantor so as to bind the Dominant Land into whosoever’s hands it may come for the benefit and protection of the Servient Land that the Grantee and its successors in title shall at all times after the date of this Deed observe and perform the covenants and restrictions set out in Schedule 4.

  1. 7

    [Mortgagee’s consent

    The Mortgagee as proprietor of a registered legal charge over the Servient Land consents to the grant of the Rights and payment of the consideration to the Grantor.]

  1. 8

    HM Land Registry

    1. 8.1

      The Grantor [and the Mortgagee] consent[s] to the entry of a notice in the Charges Register of the title to the Servient Land in respect of this Deed.

    1. 8.2

      On completion of this Deed, the Grantee covenants to register this Deed at HM Land Registry and, within 10 days of completion of registration, to provide the Grantor with official copies of the register(s) showing that, so far as is possible, the Rights and any restrictive covenants given by the Grantor and Grantee have been properly noted against the benefiting and burdened titles.

  1. 9

    VAT

    1. 9.1

      All sums payable by the Grantee pursuant to this Deed are stated exclusive of VAT and the Grantee must pay to the Grantor any VAT chargeable in respect of the consideration for any supply made by the Grantor under this Deed.

    1. 9.2

      Where the Grantee is required to reimburse the Grantor for any payment made by the Grantor, the Grantee must also pay to the Grantor an amount equal to the amount of VAT on that payment except to the extent that the Grantor can recover that VAT as input tax.

  1. 10

    [Acknowledgment for production

    The Grantor acknowledges the right of the Grantee to production and delivery of copies of the deeds and documents described in Schedule 5 and to delivery of them and undertakes for their safe custody.]

  1. 11

    Jurisdiction

    The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, this Deed, its subject matter or formation.

  1. 12

    Governing law

    1. 12.1

      This Deed and any dispute or claim arising out of or in connection with it, its subject matter or its formation (including any non-contractual dispute or claim) is governed by, and must be construed in accordance with, the laws of England and Wales.

    1. 12.2

      The courts of England and Wales have [non-]exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, this Deed, its subject matter or its formation (including non-contractual disputes or claims).

  1. 13

    Contracts (Rights of Third Parties) Act 1999

    1. Unless expressly stated, nothing in this Deed will create any rights in favour of any person under the Contracts (Rights of Third Parties) Act 1999.

EXECUTED AS A DEED BY the parties on the date first set out AT THE BEGINNING of this DEED

Schedule 1
The Rights

    1. 1

      The following rights are granted to the Grantee and its successors in title as owners or occupiers for the time being of the Dominant Land in common with the Grantor and all other persons having the like rights:

      1. 1.1

        [Insert details of the rights granted];

Schedule 2
Reserved rights

    1. 1

      The following rights are reserved to the Grantor and its successors in title as owners or occupiers for the time being of the Servient Land:

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