An access easement grants a property owner the right to use a specified portion of a neighboring property for access, such as pathways or driveways, typically to reach a public road or other destination. This type of easement is legally binding and outlines specific terms and conditions under which the access is permitted.
(b) Access Easement. Owner hereby grants to Project Company, for the Term (as defined below), an easement (the “Access Easement”) over, across and on the Premises for ingress to and egress from the Solar Facilities (whether located on the Premises, on adjacent property or elsewhere) by means of any existing roads and lanes, or by such route or routes as Project Company may construct from time to time. The Access Easement will include the right to improve existing roads and lanes, or to build new roads, and will run with and bind the Premises, and will inure to the benefit of and be binding upon Owner and Project Company, as applicable, and their respective heirs, personal representatives, transferees, successors and assigns, and all persons claiming under them. The location and dimensions of such access roads will be made by Project Company in its sole discretion, except that: Project Company agrees to use commercially reasonable efforts to (i) minimize the interruption to Owner’s operations on the Premises by such access roads, and (ii) install such access roads perpendicular to county roads.
Section 5. Cross-Access Easements. Phase 1 Owner does hereby grant and convey to Phase 2 Owner, for the benefit of all Phase 2 Parties, and Phase 2 Owner does hereby grant and convey to Phase 1 Owner, for the benefit of all Phase 1 Parties, a perpetual, non-exclusive, reciprocal easement over, on, through and across the Private Roads, as applicable, for vehicular and, if applicable, pedestrian ingress and egress (the “Cross-Access Easement”). Subject to temporary closures in connection with maintenance and repair, Phase 1 Owner and Phase 2 Owner hereby acknowledge and confirm that each of said Parties is entitled to the unrestricted, non-exclusive use of the Private Roads for pedestrian, vehicular and bicycle ingress and egress, and that each of said Parties shall use the Private Roads in a manner as to not unreasonably interfere with the rights granted to the other Party under this Agreement. Each Party, at its sole cost and expense, shall maintain, repair and replace the Private Roads on their respective Property; provided, however, each Party (for purposes of this Section 5, the “Responsible Party”) shall be responsible for the cost of any maintenance, repair or replacement of the Private Roads located on the
Mutual Access Easement. Landlord shall construct, or cause to be constructed, at its sole cost and expense, that street over the "Mutual Access Easement Tract" as and when contemplated by that certain Mutual Access Agreement dated November 1, 2001, and recorded in Volume 15687, Page 57 of the Tarrant County, Texas Deed Records.
27.01 Lessee hereby grants to Lessor an ingress/egress easement across that portion of the premises described on Exhibit “B” so that Lessor can have access from Dorrance Lane to the northern portion of the 3.139 acre tract that is owned by Lessor. The northern portion of this tract is land locked without this easement, so grant of this access easement is critical to Lessor. Lessor does not currently have this property leased to anyone else but may lease it in the future. Lessee agrees at its own expense to make such accommodations as are necessary, including but not limited to altering any fencing on the property, so that Lessor can have access to the northern half of this property at such time(s) during the term of this Lease as Lessor requests.
WHEREAS, reference is made to that certain Permanent Access Easement Agreement (the “Easement Agreement”) dated as of the date hereof, pursuant to which Landlord was granted a permanent, non-exclusive access easement (the “Easement”) over and across certain real property as described in the Easement Agreement (the “Easement Property”), which Easement is appurtenant to and runs with the Property;
(a) all easements (including the Access Easement defined below), rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, wells, well rights (including, without limitation, shares of stock evidencing the same), air rights and development rights, ditches and ditch rights, reservoir rights and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and the Improvements and the reversion and reversions, remainder and remainders, and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Premises, to the center line thereof and all the estates, rights, titles, interests, dower and rights of dower, curtesy and rights of curtesy, property, possession, claim, and demand whatsoever, both at law and in equity, of Borrower of, in, and to the Premises and the Improvements and every part and parcel thereof, with the appurtenances thereto;
Healthy Way Documents. Purchaser is aware that Deerfield is currently negotiating (i) that certain Tri-Party Development Agreement and Temporary Construction Easement for Construction of Healthy Way and OCSA School Road to be executed by Deerfield, the School Board of Osceola County, Florida and Osceola County, Florida (the “Healthy Way Development Agreement”), and (ii) that certain the Access Easement and Joint Use and Maintenance and Cost Sharing Agreement to be executed by Deerfield and the School Board of Osceola County, Florida (the “Healthy Way Access Easement”; the Healthy Way Development Agreement and the Healthy Way Access Easement shall be hereinafter referred to collectively as the “Healthy Way Documents”).
b. NYDIG Access Easement. Greenidge hereby grants, bargains, sells, conveys and releases unto NYDIG, its successors and assigns, for the benefit of the NYDIG Property, a non- exclusive, perpetual, irrevocable, appurtenant and assignable easement for a commercial purpose on, over, under, upon and across the Greenidge Property in the location shown on the easement exhibit attached hereto as Exhibit “E” (the “Access Easement Exhibit”) as the “NYDIG Access Easement Area” for purposes of vehicular and pedestrian access, ingress and egress to and from the NYDIG Property and the public right of way of Jones Road (the “NYDIG Access Easement”). No fence or other structure shall be erected under, over, on, through, across or within the Greenidge Property which will interfere with the use of the NYDIG Access Easement, except on a temporary basis as reasonably necessary for the performance of maintenance or repair. The NYDIG Access Easement shall be for the benefit of and shall run with the title to the NYDIG Property.
At closing, Seller shall reserve in the Deed an access easement over those portions of Loop Road and Off-Hill Grade Road depicted on Exhibit "B" attached hereto (the "Access Easement"). The parties shall agree upon the language of the Access Easement to be included in the Deed prior to the expiration of the Option Expiration Date.
TENANT shall only use the access easement designated by LANDLORD to reach the Licensed Premises and shall use only tower crews approved by LANDLORD.
(1) In connection with the Pre-Closing Reorganization, the Vendor and the Corporation will grant to each other a non-exclusive blanket easement (the “Access Easement”) which shall be registered over certain of the Real Properties and the Retained Lands as necessary in order to permit access to Mission Flats Road and the Trans-Canada Highway from the Real Properties and the Retained Lands on such terms and conditions as agreed to between the Vendor and the Purchaser, acting reasonably, including with respect to insurance, maintenance, usage restrictions and liability indemnification. The Access Easement shall include a covenant whereby the parties to the Access Easement agree to modify or replace the Access Easement with a new registered easement, as required, in order to permit the relocation of the road, a public road dedication, or the development of the Real Properties or the Retained Lands; provided, however, that the parties to the Access Easement shall retain substantially the same access rights as those set out in the Access Easement.
Section 9.06. Reciprocal Easement Undertaking/Indemnity by Tenant. That certain ALTA survey prepared by Bolton & Menk dated August 21, 2020, designated Job No. M34.122243, revealed that there is mutual vehicular ingress and egress between the Property and the real property located to the north, for which there is no reciprocal easement of record (the “Access Easement Issue”). Tenant shall indemnify, defend and hold harmless all Indemnified Parties from and against any and all Losses incurred in connection with the Access Easement Issue, including, but not limited to, any Losses arising from any use of the Property by the neighboring property owner and its tenants, employees, agents and/or invitees, and arising from any use of the neighboring property by Tenant, its agents, employees or invitees. Without limitation of the foregoing, Tenant agrees to use diligent and reasonable efforts to negotiate and obtain an appropriate reciprocal access easement agreement with the neighboring property owner to the north, addressing the Access Easement Issue, on terms and conditions reasonably acceptable to Landlord.
An Access Easement is a legal right granted to an individual or entity to use a portion of another person’s property for the purpose of ingress and egress. This right allows the holder of the easement to pass through the property to reach another location. The access easement is typically established through a legal document and is often necessary when a property is landlocked or otherwise not directly accessible from a public road.
You should use an Access Easement in situations where:
Establishing an access easement ensures that all parties involved have clear legal rights and responsibilities, which can prevent disputes and provide a resolution framework if issues arise.
Writing an Access Easement involves several key steps:
“The Grantor hereby grants and conveys to the Grantee, its successors and assigns, a perpetual non-exclusive easement for ingress and egress over and across the portion of the Grantor’s property described as follows: [detailed property description]. This easement shall be used solely for the purposes of providing access to and from the Grantee’s property adjacent to the Grantor’s property.”
Access Easements are commonly included in various types of real estate and development contracts, such as:
Including an access easement in these contracts ensures legal clarity and can help prevent access-related disputes in the future.
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The Acknowledgement and Acceptance clause in a contract affirms that all parties involved fully understand and agree to the terms and conditions outlined within the document.
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