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Sample Easement of Right of Way

EASEMENT OF RIGHT OF WAY


KNOW ALL MEN BY THESE PRESENTS:

            This AGREEMENT OF EASEMENT OF RIGHT OF WAY, entered into this ______ day of ______________, 2001 by and between “A” owner of the dominant estate, of legal age, single (or married to ___________________) and a resident of _________________ and “B” , owner of the servient estate, also of legal age, single (or married to ____________________), and a resident of ________________________ witnesseth:

            That “A” is the owner of a parcel of agricultural land located in the municipality of ________________, province of ________________, and more particularly described as follows, to wit:

(Description of “A’s” property)

which property is covered by T.C.T. No. ________ of the Register of Deeds of ______________, province of _______________, which lot is adjacent to “A’s” property, and more particularly described as follows, to wit:

(Description of “B’s” property)

which property is covered by T.C.T. No. _____________ of the Register of Deeds of the province of _____________________.

            That “A” in order to have an access to and from, and to cultivate the above-mentioned land, and so as to have an outlet to ________________, which is the nearest public road and least burdensome to the servient estate and to third persons, it would be necessary for him to pass through “B’s” property, and for this purpose, a path or passageway of not less than two (2) meters wide through the whole length of the western side of “B’s” property is necessary for the use of “A” and for all his needs in cultivating his estate;

            That said path or passageway is particularly described in the attached plan, “Annex A’,

            WHEREFORE, for and in consideration of the sum of _____________________ PESOS (P_________) the receipt whereof is hereby acknowledged by “B”, the latter agrees and permits “A” to have a permanent easement of right of way over the above-mentioned property of said “B” limited to not more than two (2) meters wide throughout the whole length of the western side of said property and as specifically indicated in the attached plan which is made an integral part of this contract, as “Annex A”.

            It is further agreed that “B” shall deliver unto “A” all the necessary papers, deed, and titles in relation to the servient estate in order to facilitate the registration of the above-mentioned right of way, in accordance with.

            This agreement shall be binding between the parties and upon all their heirs, successors, and assigns.

            IN WITNESS WHEREOF, the parties hereto have signed this agreement the day and the year first above written, in the municipality of _______________, province of _______________, Philippines.

            __________________________              __________________________
               (Signature of owner of the                                        (Signature of owner of
                  dominant estate)                                                               servient estate)


SIGNED IN THE PRESENCE OF:

            __________________________              ___________________________


ACKNOWLEDGMENT

 

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