[{"data":1,"prerenderedAt":529},["ShallowReactive",2],{"document-creation-of-servitude-D1170":3},{"document":4,"label":23,"preview":11,"thumb":24,"description":5,"descriptionCustom":6,"apiDescription":5,"pages":8,"extension":10,"parents":25,"breadcrumb":29,"related":37,"customDescModule":172,"customdescription":6,"mdFm":173,"mdProseHtml":528},{"description":5,"descriptionCustom":6,"label":7,"pages":8,"size":9,"extension":10,"preview":11,"thumb":12,"svgFrame":13,"seoMetadata":14,"parents":15,"keywords":22},"CREATION OF SERVITUDE This Creation of Servitude (the \"Agreement\") is effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"Vendor\"), an individual with his main address located at OR a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [COMPANY NAME] (the \"Buyer\"), an individual with his main address located at OR a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] The Vendor does hereby create in favor of the property above described, a perpetual servitude of passage by foot and by vehicle and of right of way on the lots number [IDENTIFY LOTS NUMBERS], deposited as streets. The Vendor does hereby create in favor of the property above described, a perpetual servitude of passage by foot and by vehicle and of right of way on any and all other parts of the lots [SPECIFY NUMBERS] used as streets, the whole as is more fully described in the following subparagraphs; Without limiting the generality of the foregoing paragraph, and for greater certainty, the above-mentioned servitude is created upon the following lots which are designated as streets in the plan annexed hereto as Schedule [SPECIFY] and incorporated herein as an integral part of this Agreement: Street [SPECIFY NUMBER], situated on lot [SPECIFY NUMBER] and on part of lot [SPECIFY NUMBER]. At its [SPECIFY DIRECTION] extremity it is situated on lot number [SPECIFY NUMBER] and is bounded to the [SPECIFY DIRECTION] by the public road designated as [SPECIFY ROAD] it is bounded by lot [SPECIFY NUMBER]. It then angles toward the [SPECIFY DIRECTION] and is bounded to the [SPECIFY DIRECTION] by lot [SPECIFY NUMBER]. It then angles to the [SPECIFY DIRECTION] and is bounded to the [SPECIFY DIRECTION] by lot [SPECIFY NUMBER], part of lot [SPECIFY NUMBER] and Street [SPECIFY NUMBER] (as hereinafter described), to the [SPECIFY DIRECTION] by lot [SPECIFY NUMBER] and part of lot [SPECIFY NUMBER], to the [SPECIFY DIRECTION] by lot [SPECIFY NUMBER] and to the by part of lot [SPECIFY NUMBER]. At its [SPECIFY DIRECTION] extremity situated on part of lot [SPECIFY NUMBER], it curves toward the [SPECIFY DIRECTION] and is bounded to the [SPECIFY DIRECTION] by part of lot [SPECIFY NUMBER], to the [SPECIFY DIRECTION] by part of lot [SPECIFY NUMBER]; Street [SPECIFY NUMBER], situated on lots [SPECIFY NUMBERS]. At its [SPECIFY DIRECTION] extremity, it is situated on lot [SPECIFY NUMBER] and is bounded to the [SPECIFY DIRECTION] by the public road designated as [SPECIFY ROAD], and to the [SPECIFY DIRECTION] by lot [SPECIFY NUMBER]. It then curves toward the [SPECIFY DIRECTION] by lot [SPECIFY NUMBER], to the [SPECIFY DIRECTION] by Street [SPECIFY NUMBER] (as hereinafter described) and to the [SPECIFY DIRECTION] by lot [SPECIFY NUMBER]",null,"Creation of Servitude","2",44,"doc","https://templates.business-in-a-box.com/imgs/1000px/creation-of-servitude-D1170.png","https://templates.business-in-a-box.com/imgs/250px/1170.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#1170.xml",{"title":6,"description":6},[16,19],{"label":17,"url":18},"Real Estate","/templates/real-estate-business/",{"label":20,"url":21},"Business Checklists","/templates/business-checklists/","creation servitude","Creation of Servitude Template","https://templates.business-in-a-box.com/imgs/400px/1170.png",[26,16,19],{"label":27,"url":28},"Templates","/templates/",[30,31,34],{"label":27,"url":28},{"label":32,"url":33},"Legal Agreements","/templates/business-legal-agreements/",{"label":35,"url":36},"Real Estate & Leases","/templates/real-estate-and-leases/",[38,42,46,50,54,58,62,66,70,74,78,82,86,103,116,131,144,156],{"label":39,"url":40,"thumb":41,"extension":10},"Board Resolution Regarding Banking and Creation of Operations Fund","/template/board-resolution-regarding-banking-and-creation-of-operations-fund-D63","https://templates.business-in-a-box.com/imgs/250px/63.png",{"label":43,"url":44,"thumb":45,"extension":10},"Checklist Business Deductions","/template/checklist-business-deductions-D304","https://templates.business-in-a-box.com/imgs/250px/304.png",{"label":47,"url":48,"thumb":49,"extension":10},"Checklist Business Insurance","/template/checklist-business-insurance-D12993","https://templates.business-in-a-box.com/imgs/250px/12993.png",{"label":51,"url":52,"thumb":53,"extension":10},"List Of Business Tasks For Startups","/template/list-of-business-tasks-for-startups-D12955","https://templates.business-in-a-box.com/imgs/250px/12955.png",{"label":55,"url":56,"thumb":57,"extension":10},"Business Management Checklist","/template/business-management-checklist-D12941","https://templates.business-in-a-box.com/imgs/250px/12941.png",{"label":59,"url":60,"thumb":61,"extension":10},"Business Partnership Checklist","/template/business-partnership-checklist-D12962","https://templates.business-in-a-box.com/imgs/250px/12962.png",{"label":63,"url":64,"thumb":65,"extension":10},"Business Licenses Checklist","/template/business-licenses-checklist-D13150","https://templates.business-in-a-box.com/imgs/250px/13150.png",{"label":67,"url":68,"thumb":69,"extension":10},"Checklist Sale of a Business","/template/checklist-sale-of-a-business-D327","https://templates.business-in-a-box.com/imgs/250px/327.png",{"label":71,"url":72,"thumb":73,"extension":10},"Business Continuity Policy","/template/business-continuity-policy-D13461","https://templates.business-in-a-box.com/imgs/250px/13461.png",{"label":75,"url":76,"thumb":77,"extension":10},"Checklist Evaluation to Buy a Business","/template/checklist-evaluation-to-buy-a-business-D326","https://templates.business-in-a-box.com/imgs/250px/326.png",{"label":79,"url":80,"thumb":81,"extension":10},"Organizing Your Business Checklist","/template/organizing-your-business-checklist-D13368","https://templates.business-in-a-box.com/imgs/250px/13368.png",{"label":83,"url":84,"thumb":85,"extension":10},"Starting Ecommerce Business Checklist","/template/starting-ecommerce-business-checklist-D13399","https://templates.business-in-a-box.com/imgs/250px/13399.png",{"description":87,"descriptionCustom":6,"label":88,"pages":89,"size":90,"extension":10,"preview":91,"thumb":92,"svgFrame":93,"seoMetadata":94,"parents":96,"keywords":95,"url":102},"REAL ESTATE PURCHASE AGREEMENT This Real Estate Purchase Agreement (the \"Agreement\") is effective [DATE], BETWEEN: [SELLER NAME], (the \"Seller\") an individual with his main address located at OR a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [PURCHASER NAME], (the \"Purchaser\") an individual with his main address located at OR a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] Collectively, the Seller and Purchaser shall be referred to as the \"Parties.\" WHEREAS, the Seller is the owner of the real property located at [ADDRESS OF PROPERTY] (hereinafter referred to as the \"Property\") and the Purchaser is interested in buying the Property from the Seller pursuant to the following terms and conditions. WHEREAS, in consideration of and as a condition of the Seller selling the Property and the Purchaser purchasing the Property and other valuable consideration, the receipt and sufficiency of which are acknowledged here; NOW, THEREFORE, the Parties agree as follows: PROPERTY The Property is situated at [SPECIFY ADDRESS] and the legal description of the Property is as follows: [SPECIFY LEGAL DESCRIPTION OF PROPERTY] which includes with it but is not limited to permits, easements, and cooperative and association memberships (the \"Property\"). The Seller agrees to sell and convey to the Purchaser and the Purchaser agrees to purchase the Property from the Seller. The Seller shall release possession, occupancy, existing keys and/or means to operate all locks, mailbox, security system/alarms and all common area facilities to the Purchaser on the Closing Date. The Seller agrees that all the existing fixtures on the Premises, and any existing personal property including but not limited to light fixtures, fireplace, ceiling fans, lighting, and storage sheds shall be included in this sale and shall be transferred with no monetary value, and free and clear of all liens or encumbrances. PAYMENT OF PURCHASE PRICE The Purchaser agrees to pay to the Seller [SPECIFY AMOUNT] for the Property. At the time of signing of the Agreement, the Purchaser shall make the payment of [SPECIFY PERCENTAGE] % of the total amount. The remaining amount shall be transferred to the Seller on the Closing Date. The Purchaser is entitled to pay the amount by any of the following modes: [SPECIFY MODES OF PAYMENT]. TITLE INSURANCE The Seller shall furnish to the Purchaser an owner's policy of title insurance (the \"Title Insurance\") from [SPECIFY INSURANCE COMPANY] (the \"Title Company\") in an amount of the Sales Price dated as of the date that the sale of the Property becomes final, and the Purchaser takes possession, which insures and indemnifies the Purchaser against loss, as stipulated under the provisions of the Title Policy, subject to exceptions contained therein. TITLE COMMITMENT At the Seller's sole cost, the Seller will furnish or cause to be furnished to the Purchaser a commitment for the Title Insurance and copies of restrictive covenants and documents evidencing the exceptions in the Commitment. DISCLOSURES BY THE SELLER The Seller shall send disclosures to the Purchaser, within 28 days of signing of this Agreement, in which he shall disclose the details of the Property under various categories. The categories include: Boundaries. Changes made to the Property (extensions, alterations). Shared areas with neighbors, formal and informal agreements. Disputes or complaints (made by or about the Seller). Occupiers (who live at the Property). Guarantees and warranties affecting the Property. Environmental matters. The relevant issues disclosed to the Purchaser shall include, but are not limited to the following: Any disputes with neighbors that have resulted in written exchanges, or police or local authority involvement. Whether the neighbors have any anti-social behavior orders. Planning permission on the Property that is pending, granted or denied. Problems with pests, current or historic. Flooding issues, current or historic. Structural issues. Whether there is a flight path nearby or one planned. Whether there is a motorway within view or one planned. A previous sale falling through due to bad survey results on the Property. The neighborhood having high levels of crime. A violent death that occurred at the Property. Notwithstanding anything contained in the foregoing provisions, the Seller shall disclose all such information which would materially affect the Purchaser's consent to purchase the Property. WARRANTY BY THE SELLER The Seller has full power and authority to enter into and perform this Agreement in accordance with its terms; The individuals executing this Agreement on behalf of the Seller are authorized to do so and, upon execution hereof, this Agreement shall be binding upon and enforceable against the Seller; The Seller has no actual knowledge of any impending lawsuits with respect to the Property; The Seller represents and warrants that there will be no liens, assessments, or security interests from third parties against the Property on the Closing Date; The Seller warrants and shall maintain and repair the Premises so that at the time of possession, all the heating, cooling, mechanical, plumbing and electrical systems, and built-in appliances shall be in working condition; The Seller warrants that the Premises, including all additional existing personal property included in the sale, will be in substantially the same condition, except the changes caused by reasonable wear and tear or irresistible force, as on the date of acceptance of the Agreement; The Seller warrants that no damage would be caused to the Property, by any improvement work being carried out by the Seller in the Property, to substantially reduce its value or damage it in a way to make its enjoyment difficult. WARRANTY BY THE PURCHASER The Purchaser has full power and authority to enter into and perform this Agreement in accordance with its terms; and Any individual executing this Agreement on behalf of the Purchaser is authorized to do so, and, upon execution hereof, this Agreement shall be binding upon and enforceable against the Purchaser. INDEMNIFICATION The Seller will bear all the risk of loss to the Property or its improvements, which includes but is not limited to physical damage or destruction to the Property, or loss caused by eminent domain, until the Closing Date. If prior to the Closing Date, the Property is damaged or destroyed, the Seller will restore the Property to its previous condition as soon as possible before the Closing Date. The Seller agrees to defend, indemnify, and hold the Purchaser harmless from and against all claims, liabilities, obligations, costs, expenses, and reasonable attorney's fees arising out of or related to: Any breach or inaccuracy of representation or warranty of the Seller made in this Agreement; Any failure by the Seller to perform any covenant required to be performed by it under this Agreement; Any liability or obligation of any third party assumed by the Seller in accordance with the terms of this Agreement; Use of the Property before the Closing Date. PRORATION The Seller and the Purchaser agree to proration of the following items: Title Insurance and Closing Fee: The Seller shall pay all costs of the Title Commitment and the premium as applicable under law. Recording Costs: The Purchaser shall pay the cost of the deed and all other documents. Real Estate Taxes and Special Assessments: All real estate property taxes, levies and assessments as of the Closing","Real Estate Purchase Agreement","8",513,"https://templates.business-in-a-box.com/imgs/1000px/real-estate-purchase-agreement-D13234.png","https://templates.business-in-a-box.com/imgs/250px/13234.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#13234.xml",{"title":95,"description":6},"real estate purchase agreement",[97,99],{"label":32,"url":98},"business-legal-agreements",{"label":100,"url":101},"Purchase & Sale Agreements","purchase-sale-agreement","/template/real-estate-purchase-agreement-D13234",{"description":104,"descriptionCustom":6,"label":105,"pages":106,"size":90,"extension":10,"preview":107,"thumb":108,"svgFrame":109,"seoMetadata":110,"parents":112,"keywords":111,"url":115},"LAND LEASE AGREEMENT This Land Lease Agreement (the \"Agreement\") is effective on [DATE], BETWEEN: [LESSOR NAME], (the \"Lessor\") an individual with their main address located at OR a Company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [LESSEE NAME], (the \"Lessee\") an individual with their main address located at OR a Company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS, the Lessor is absolutely seized and possessed or otherwise well and sufficiently entitled to a piece of land at [LAND ADDRESS] with a total area of [PROPERTY AREA] square feet (the \"Land\"); WHEREAS, on the request of the Lessee, the Lessor has agreed to grant a lease in respect of the Demised Land for a term of [LEASE TERM IN MONTHS OR YEARS] in the manner provided under the terms and conditions set forth below; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: LEASE OF LAND The Lessor hereby demises unto the Lessee the shop situated at [SHOP ADDRESS] under the terms and conditions more fully set forth herein. DEMISED LAMD The Demised Land is situated at [LAND ADDRESS] containing approximately [SPECIFY AREA] rentable square feet area. TERM The Lease term (the \"Term\") shall be for the period of [LEASE TERM IN MONTHS OR YEARS] only commencing from the [LEASE COMMENCEMENT DATE]. LEASE COMMENCEMENT DATE The \"Lease Commencement Date\" shall be the date the Lessee takes occupancy of the Land for the conduct of the Lessee's intended business. RENT AND FINANCIAL MATTERS Security Deposit. The Lessee shall be required to deliver the security deposit of the amount of [AMOUNT OF SECURITY DEPOSIT]. Rental Obligation. Commencing on the Lease Commencement Date, the Lessee shall be obligated to pay and shall pay Basic [MONTHLY OR ANNUAL] Rent of [AMOUNT OF RENT] to be payable by [DATE OF PAYMENT]. CONDITIONS OF LESSEE'S OCCUPANCY AND POSSESSION The Lessee shall pay the rent as aforesaid on the days and in the manner aforesaid. The Lessee shall use the Land only for [SPECIFY PURPOSE]. The Lessee shall built any structure into or upon the Land or make any alterations or additions to the external appearance or any part of the Land only with the consent of the Lessor in writing. The Lessee shall keep the interior and exterior of the Demised Land and the drainage thereof in good and tenable repair and condition. The Lessee, on paying the rent on the due dates thereof and in the manner herein provided, and observing and performing the covenants, conditions and stipulations herein contained and on his part to be observed and performed, shall peaceably and quietly hold, possess and enjoy the Land during the Term without any interruption, disturbance, claim and demand by the Lessor or any Person lawfully claiming to be under or trust for the Lessor. During the course of construction, the Lessor and its representative may, upon reasonable prior notice to the Lessee, inspect, but shall have no duty or obligation to inspect, the Lessee's construction of improvements and the materials being used. If, as a result of such inspection, the Lessor or its representative shall determine that any materials do not substantially conform to, or that the improvements are not being constructed in accordance with the terms of this Lease, prompt notice thereof may be given by the Lessor to the Lessee specifying the nature of the deficiency or defect or omission. Upon the receipt of any such notice, the Lessee shall promptly take such steps as may be necessary to correct such defect. In the event that the Lessee fails to correct said defect, or commence to cure said defect within thirty (30) days after the Lessor's notice (or immediately, if an emergency) the Lessor shall have the right, but not the obligation, in addition to any other remedies available to the Lessor, to undertake the same at the Lessee's expense. Except as specifically set forth herein, all maintenance of the Leased Land shall be done by the Lessee at the Lessee's sole cost and expense. The Lessee shall be liable for any and all damage caused by the Lessee, its employees, agents or its invitees to the Leased Land. ACCEPTANCE OF LAND The taking of possession of the Land by the Lessee on the Lease Commencement Date shall constitute an acknowledgment by the Lessee that the Leased Land is in good condition. Upon the Lessor's request, the Lessee shall provide written confirmation of the foregoing. LESSOR'S RIGHTS AND RESPONSIBILITIES Access. The Lessor or its authorized agent or representative will have the right to enter and examine the Land, except for secured areas, for any reasonable purpose with at least two (2) Business Days' prior written notice to the Lessee and in the presence of a designated Lessee representative or at any time in the event of an emergency. If the Leased Land is accessed by the Lessor or its authorized representatives in the case of an emergency, the Lessor shall inform the Lessee in writing within twenty-four (24) hours after such emergency, indicating the nature of the situation and the outcome. INDEMNIFICATION The Lessee agrees to hold the Lessor and its agents, officers, directors and employees harmless against all such claims, except to the extent resulting from the gross negligence or willful misconduct of the Lessor, its agents, contractors or employees during any period of the Term, or to the extent resulting from the ordinary negligence of the Lessor, its agents, contractors or employees during any period following the Management Change Date during which the Lessor is managing the Land","Land Lease Agreement","5","https://templates.business-in-a-box.com/imgs/1000px/land-lease-agreement-D13423.png","https://templates.business-in-a-box.com/imgs/250px/13423.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#13423.xml",{"title":111,"description":6},"land lease agreement",[113,114],{"label":32,"url":98},{"label":32,"url":98},"/template/land-lease-agreement-D13423",{"description":117,"descriptionCustom":6,"label":118,"pages":119,"size":90,"extension":10,"preview":120,"thumb":121,"svgFrame":122,"seoMetadata":123,"parents":125,"keywords":124,"url":130},"NON-DISCLOSURE AGREEMENT (NDA) This Non-Disclosure Agreement (the \"Agreement\") is made and effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"Disclosing Party\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [RECEIVING PARTY NAME] (the \"Receiving Party\"), an individual with his main address located at OR a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS, Receiving Party has been or will be engaged in the performance of work on [DESCRIBE]; and in connection therewith will be given access to certain confidential and proprietary information; and WHEREAS, Receiving Party and Disclosing Party wish to evidence by this Agreement the manner in which said confidential and proprietary material will be treated. NOW, THEREFORE, it is agreed as follows: NON-DISCLOSURE OF CONFIDENTIAL INFORMATION Both Parties understand and agree that each Party may have access to the confidential information of the other party. For the purposes of this Agreement, \"Confidential Information\" means proprietary and confidential information about the Disclosing Party's (or it's suppliers') business or activities. Such information includes all business, financial, technical, and other information marked or designated by such Party as \"confidential\" or \"proprietary.\" Confidential Information also includes information which, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as confidential. For the purposes of this Agreement, Confidential Information does not include: Information that is currently in the public domain or that enters the public domain after the signing of this Agreement. Information a Party lawfully receives from a third Party without restriction on disclosure and without breach of a non-disclosure obligation. Information that the Receiving Party knew prior to receiving any Confidential Information from the Disclosing Party. Information that the Receiving Party independently develops without reliance on any Confidential Information from the Disclosing Party. Each Party agrees that it will not disclose to any third Party or use any Confidential Information disclosed to it by the other Party except when expressly permitted in writing by the other Party. Each Party also agrees that it will take all reasonable measures to maintain the confidentiality of all Confidential Information of the other Party in its possession or control. TERM The term of this Agreement is [number] of [years/months] from the date of execution by both Parties. TITLE The Receiving Party agrees that all Confidential Information furnished by the Disclosing Party shall remain the sole property of the Disclosing Party. DISCLAIMER","Non Disclosure Agreement Nda","3","https://templates.business-in-a-box.com/imgs/1000px/non-disclosure-agreement-nda-D12692.png","https://templates.business-in-a-box.com/imgs/250px/12692.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12692.xml",{"title":124,"description":6},"non disclosure agreement nda",[126,127],{"label":32,"url":98},{"label":128,"url":129},"Confidentiality Agreements","confidentiality-agreement","/template/non-disclosure-agreement-nda-D12692",{"description":132,"descriptionCustom":6,"label":133,"pages":134,"size":90,"extension":10,"preview":135,"thumb":136,"svgFrame":137,"seoMetadata":138,"parents":140,"keywords":139,"url":143},"SERVICE AGREEMENT This SERVICE AGREEMENT (\"Agreement\") is effective [DATE], BETWEEN: [COMPANY NAME] (the \"Contractor\"), a company organized and existing under the laws of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [COMPANY NAME] (the \"Customer\"), a company organized and existing under the laws of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] (The Contractor and the Customer shall be individually referred to as a \"Party\" and collectively referred to as the \"Parties\", as the context may require). WHEREAS A. Contractor has experience and expertise in [DESCRIBE EXPERIENCE AND SERVICE]. B. Customer desires to have Contractor provide services for them. C. Contractor desires to provide services to Customer on the terms and conditions set forth herein (the \"Services\"). NOW THEREFORE, in consideration of the above recitals, the representations, warranties, and agreements contained in this Agreement and for other good and valuable consideration, the receipt and adequacy of which are now acknowledged, the Parties agree as follows: SERVICES PROVIDED Beginning on upon agreement to this contract, [CONTRACTOR] will provide to [CUSTOMER] the following service (collectively, the /Services\"): Description of the project: [DESCRIBE THE SERVICE REQUIRED]. SCOPE OF WORK Contractor agrees to provide Services pursuant to the Scope of Work set forth in Exhibit A attached hereto (the \"Scope of Work\"). TERM Unless both parties mutually agree on an extension, this contract will automatically terminate on [SPECIFY]. PERFORMANCE The parties agree to do everything possible to ensure that the terms of this Agreement take effect. PAYMENT FOR SERVICES In exchange for the Services rendered, a payment of [SPECIFY] will be made to the Contractor upon completion of the scheduled Services described in this Contract. If an invoice is not paid on the due date, interest will be added to the current balance. These amounts shall be payable, and the Customer shall pay all overdue amounts at the lesser of [SPECIFY] per cent per annum or the maximum percentage permitted by applicable law. Or Customer will pay Contractor as follows: [SPECIFY]. DELIVERY OF SERVICES The Contractor will exercise due diligence in the provision of services. However, the Customer acknowledges that the indicated delivery times and other payment milestones listed in Scope of Work are estimates and do not constitute final delivery dates. SECURITY The Contractor must make reasonable security arrangement to protect Material from unauthorized access, collection, use, alteration or disposal. OWNERSHIP RIGHT The Customer shall hold the copyright for the agreed version of the Services as delivered, and the Customer's copyright notice may be displayed in the final version. All works, ideas, discoveries, inventions, patents, products or other information that may be protected by copyright (collectively, the \"Work Product\" developed in whole or in part by the Contractor in connection with the Services, shall be the exclusive property of the Customer. Upon request, the Contractor shall execute all documents necessary to confirm or perfect the exclusive ownership of the Customer's \"Work Product\". The Contractor retains exclusive rights to pre-existing materials used in the Customer's projects. The Customer shall not have the right to reuse, resell or otherwise transfer material belonging to the contractor or third parties. The Contractor reserves the right to use the finished public product as an example of a product. RETURN OF PROPERTY Upon the expiry or termination of this Agreement, the Contractor will return to the Customer any property, documentation, records or Confidential Information which is the property of the Customer. COMPENSATION For all services rendered by the Contractor under this Agreement, the Customer shall indemnify the Contractor. In the event that the Customer fails to make any of the payments mentioned, the Contractor shall have the right, but shall not be obliged, to exercise any of the following remedies: ","Service Agreement","6","https://templates.business-in-a-box.com/imgs/1000px/service-agreement-D12711.png","https://templates.business-in-a-box.com/imgs/250px/12711.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12711.xml",{"title":139,"description":6},"service agreement",[141,142],{"label":32,"url":98},{"label":32,"url":98},"/template/service-agreement-D12711",{"description":145,"descriptionCustom":6,"label":146,"pages":8,"size":90,"extension":10,"preview":147,"thumb":148,"svgFrame":149,"seoMetadata":150,"parents":152,"keywords":151,"url":155},"EXCLUSIVE LEASE AGREEMENT This is an Exclusive Lease Agreement (the \"Agreement\") effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"Lessor\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [LESSEE NAME] (the \"Lessee\"), an individual with his main address located at OR a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] TERMS It is agreed that: Lessor does hereby agree to grant, demise and let and Lessee does hereby agree to take premises situated in [CITY, STATE/PROVINCE] at [ADDRESS] and described as [DESCRIBE] with appurtenances, from Start Date [DATE] to Ending Date [DATE], at the rent or sum of [AMOUNT], to be paid as follows: [ENTER LEASE TERMS] The parties here shall execute the lease herein provided for on [DATE]. The Lessor shall [Enter any utilities and/or maintenance paid by Lessor]. ","Exclusive Lease Agreement","https://templates.business-in-a-box.com/imgs/1000px/exclusive-lease-agreement-D12808.png","https://templates.business-in-a-box.com/imgs/250px/12808.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12808.xml",{"title":151,"description":6},"exclusive lease agreement",[153,154],{"label":32,"url":98},{"label":32,"url":98},"/template/exclusive-lease-agreement-D12808",{"description":157,"descriptionCustom":6,"label":158,"pages":159,"size":160,"extension":10,"preview":161,"thumb":162,"svgFrame":163,"seoMetadata":164,"parents":165,"keywords":170,"url":171},"PROPERTY MANAGEMENT AGREEMENT This Property Management Agreement (the \"Agreement\") is made and effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"Owner\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [AGENT NAME] (the \"Agent\"), an individual with his main address located at OR a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] RECITALS Owner holds title to the following-described real property: [insert legal or other appropriate description], here referred to as the property. Agent is experienced in the business of operating and managing real estate similar to the above-described property. Owner desires to engage the services of agent to manage and operate the property, and agent desires to provide such services on the following terms and conditions. In consideration of the mutual covenants contained herein, the parties agree: EMPLOYMENT OF AGENT Agent shall act as the exclusive agent of owner to manage, operate and maintain the property. BEST EFFORTS OF AGENT On assuming the management and operation of the property, agent shall thoroughly inspect the property and submit a written report to owner. The written report shall contain the opinion of agent concerning the present efficiency under which the property is being managed and operated, and recommended changes, if necessary, in the management structure of the property, in the rehabilitation of the property, and any other matters that will improve the efficient management and operation of the property. After conferring with owner and obtaining approval to make any necessary improvements, agent shall undertake completion of the improvements. LEASING OF PROPERTY Agent shall make reasonable efforts to lease available space of the property, and shall be responsible for all negotiations with prospective tenants. Agent shall also have the right to execute and enter into, on behalf of owner, month-to-month tenancies of units of the property. Agent may negotiate all extensions and renewals of such month-to-month tenancies and leases. Agent shall not, without the prior written consent of owner, enter into any lease for a term less than [NUMBER] months or more than [NUMBER] months. Agent shall have the right to make concessions, including rental concessions, as inducements to prospective tenants to occupy the property. ADVERTISING AND PROMOTION Agent shall advertise vacancies by all reasonable and proper means; provided, agent shall not incur expenses for advertising in excess of [AMOUNT] during any calendar quarter without the prior written consent of owner. MAINTENANCE, REPAIRS AND OPERATIONS Agent shall use its best efforts to insure that the property is maintained in an attractive condition and in a good state of repair. In this regard, agent shall use its best skills and efforts to serve the tenants of the property and shall purchase necessary supplies, make contracts for, or otherwise furnish, electricity, gas, fuel, water, telephone, window cleaning, refuse disposal, pest control, and any other utilities or services required for the operation of the property. Agent shall make or cause to be made and supervise necessary repairs and alterations and shall decorate and furnish the property. Expenditures for repairs, alterations, decorations or furnishings in excess of [AMOUNT] shall not be made without prior written consent of owner, except in the case of emergency, or if agent in good faith determines that such expenditures are necessary to protect the property from damage, to prevent injury to persons or loss of life, or to maintain services to tenants. EMPLOYEES Agent shall employ, discharge and supervise all on-site employees or contractors required for the efficient operation and maintenance of the property. All on-site personnel, except independent contractors and employees of independent contractors, shall be the employees of agent. Agent shall pay the salaries of such on-site employees and, to the extent there are revenues from the property available, pay all charges for services rendered by independent contractors and the employees of independent contractors. All salaries (including all contributions of employer not listed in the paycheck) of such on-site employees shall be charged to owner. To the extent there are insufficient funds available from revenues received from the operation of the property to reimburse agent for such salaries, owner shall directly reimburse agent within [NUMBER] days after demand by agent for reimbursement. Agent shall not be responsible or liable to owner for any act, default or negligence of on-site personnel, or for any error of judgment or mistake of law or fact in connection with their employment, conduct or discharge except that agent shall be responsible for any such act, default or negligence that is due directly or indirectly to its own negligent act or omission in the hiring or supervision of any such on-site personnel. On-site personnel shall include all resident personnel, including, but not limited to, managers and maintenance personnel, all recreational personnel (whether part-time or full-time), day-care center personnel, and all other individuals located, rendering services or performing activities on the property in connection with its operation. GOVERNMENT REGULATIONS Agent shall manage the property in full compliance with all laws and regulations of any federal, state, county or municipal authority having jurisdiction over the property. INSURANCE Agent shall obtain the following insurance at the expense of owner, and such insurance shall be maintained in force during the full term of this agreement: Comprehensive public liability property insurance of [AMOUNT] single limit for bodily injury, death and property damage; Fire and extended coverage hazard insurance in an amount equal to the full replacement cost of the structure and other improvements situated on the property; and A fidelity bond in the amount of [AMOUNT] on each employee who handles cash, and workers' compensation and employer liability insurance to cover the agents and employees of both employer and agent. All of the policies shall name agent and owner as co-insureds as their respective interests may appear. Agent shall deliver certificates evidencing such insurance coverage to owner within [NUMBER] days from the issuance and renewal of the policies. Owner shall cooperate with agent and any insurer in the making and delivery of all reports, notices, and other items required in connection with any of the insurance policies. COLLECTION OF INCOME; INSTITUTION OF LEGAL ACTION Agent shall use its best efforts to collect promptly all rents and other income issuing from the property when such amounts become due. It is understood that agent does not guarantee the collection of rents. Agent shall, in the name of owner, execute and serve such notices and demands on delinquent tenants as agent may deem necessary or proper. Agent, in the name of owners, shall institute, settle or compromise any legal action and make use of such methods of legal process against a delinquent tenant or the property of a delinquent tenant as may be necessary to enforce the collection of rent or other sums due from the tenant, to enforce any covenants or conditions of any lease or month-to-month rental agreement, and to recover possession of any part of the property. No other form of legal action will be instituted and no settlement, compromise, or adjustment of any matters involved therein shall be made without the prior written consent of owner, except when agent determines that immediate action is necessary. BANK ACCOUNTS","Property Management Agreement","7",73,"https://templates.business-in-a-box.com/imgs/1000px/property-management-agreement-D1196.png","https://templates.business-in-a-box.com/imgs/250px/1196.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#1196.xml",{"title":6,"description":6},[166,168],{"label":17,"url":167},"real-estate-business",{"label":20,"url":169},"business-checklists","property management agreement","/template/property-management-agreement-D1196",false,{"seo":174,"reviewer":187,"legal_disclaimer":191,"quick_facts":192,"at_a_glance":194,"personas":198,"variants":223,"glossary":248,"clauses":285,"how_to_fill":336,"common_mistakes":377,"faqs":402,"industries":433,"comparisons":458,"diy_vs_lawyer":472,"jurisdictions":485,"related_template_ids_curated":506,"schema":517,"classification":518},{"meta_title":175,"meta_description":176,"primary_keyword":177,"secondary_keywords":178},"Creation of Servitude Template | BIB","Free creation of servitude template for granting use rights over land or property. Covers easement terms, scope, compensation, and duration.","creation of servitude template",[179,180,181,182,183,184,185,186],"servitude agreement template","easement agreement template","property servitude template word","land servitude agreement","real property easement template","servitude deed template","creation of easement template","servitude contract free download",{"name":188,"credential":189,"reviewed_date":190},"Bruno Goulet","CEO, Business in a Box","2026-05-02",true,{"difficulty":193,"legal_review_recommended":191,"signature_required":191,"notarization_required":191},"advanced",{"what_it_is":195,"when_you_need_it":196,"whats_inside":197},"A Creation of Servitude is a legally binding document that grants one party the right to use a defined portion of another party's land or property for a specified purpose — such as access, utilities, drainage, or passage. This free Word download gives you a professionally structured starting point you can edit online and export as PDF, ready for execution and registration against the title of the burdened property.\n","Use it when a landowner agrees to allow a neighbor, utility company, developer, or other party to use part of their property on a formal, enforceable basis — whether permanently, for a fixed term, or for the duration of a specific project or use.\n","Identification of the dominant and servient tenements, a precise description of the burdened area, the permitted use and its limitations, compensation or consideration terms, maintenance responsibilities, duration and termination conditions, and governing law.\n",[199,203,207,211,215,219],{"title":200,"use_case":201,"icon_asset_id":202},"Property developers","Securing access or utility rights over adjacent land before breaking ground","persona-property-developer",{"title":204,"use_case":205,"icon_asset_id":206},"Landowners and private sellers","Granting a formal right of way to a neighbor or purchaser as part of a conveyance","persona-landowner",{"title":208,"use_case":209,"icon_asset_id":210},"Utility and infrastructure companies","Documenting rights to install and maintain pipelines, cables, or conduits across private land","persona-utility-company",{"title":212,"use_case":213,"icon_asset_id":214},"Agricultural and rural businesses","Formalizing access tracks, irrigation channels, or drainage rights between adjoining farms","persona-agricultural-business",{"title":216,"use_case":217,"icon_asset_id":218},"Commercial real estate attorneys","Drafting servitude instruments as part of a property transaction or subdivision","persona-real-estate-attorney",{"title":220,"use_case":221,"icon_asset_id":222},"Municipal and local government bodies","Registering public access rights or conservation easements over privately owned parcels","persona-government-body",[224,228,232,235,238,242,245],{"situation":225,"recommended_template":226,"slug":227},"Granting a permanent right of way for access across a neighbouring parcel","Right of Way Agreement","right-of-first-opportunity-agreement-commercialization-D906",{"situation":229,"recommended_template":230,"slug":231},"Allowing a utility company to run infrastructure under or across private land","Utility Easement Agreement","deed-granting-easement-D976",{"situation":233,"recommended_template":234,"slug":231},"Protecting a conservation area from future development","Conservation Easement Agreement",{"situation":236,"recommended_template":237,"slug":231},"Granting temporary construction access to an adjacent property","Temporary Easement Agreement",{"situation":239,"recommended_template":240,"slug":241},"Establishing shared maintenance obligations between adjoining property owners","Party Wall Agreement","third-party-confidential-information-policy-D736",{"situation":243,"recommended_template":88,"slug":244},"Conveying rights as part of a broader real property sale","real-estate-purchase-agreement-D13234",{"situation":246,"recommended_template":105,"slug":247},"Granting a long-term right to use land without conveying ownership","land-lease-agreement-D13423",[249,252,255,258,261,264,267,270,273,276,279,282],{"term":250,"definition":251},"Servitude","A real right that burdens one parcel of land (the servient tenement) in favor of another parcel or person (the dominant tenement), typically recorded against the title.",{"term":253,"definition":254},"Dominant Tenement","The property or party that benefits from the servitude — the one that holds the right to use the burdened land.",{"term":256,"definition":257},"Servient Tenement","The property that bears the burden of the servitude — the land over which the rights are exercised.",{"term":259,"definition":260},"Easement","The common law term for a servitude — a non-possessory right to use another's land for a defined purpose, such as access, drainage, or utilities.",{"term":262,"definition":263},"Appurtenant Servitude","A servitude that is attached to the dominant land and automatically transfers with it when the property is sold or conveyed.",{"term":265,"definition":266},"Servitude in Gross","A servitude that benefits a person or entity rather than an adjoining parcel — for example, a utility company's pipeline right — and may or may not transfer on sale.",{"term":268,"definition":269},"Right of Way","A type of servitude granting the holder the right to pass over or through a defined strip of another's land.",{"term":271,"definition":272},"Burdened Area","The precisely defined portion of the servient tenement over which the servitude rights are exercised, typically described by survey or metes and bounds.",{"term":274,"definition":275},"Consideration","The payment or other benefit given by the dominant party to the servient landowner in exchange for granting the servitude.",{"term":277,"definition":278},"Prescription","The acquisition of a servitude through long, open, uninterrupted, and adverse use of another's land without formal agreement, recognized in most common-law jurisdictions after a statutory period.",{"term":280,"definition":281},"Extinguishment","The lawful termination of a servitude — through merger of title, expiry of term, abandonment, or formal release — resulting in the burden being removed from the title.",{"term":283,"definition":284},"Metes and Bounds","A method of describing land by specifying boundary lines using compass directions and distances from fixed reference points, commonly used to define the burdened area in a servitude.",[286,291,296,301,306,311,316,321,326,331],{"name":287,"plain_english":288,"sample_language":289,"common_mistake":290},"Identification of Parties and Properties","Names the grantor (servient landowner) and grantee (dominant party), states their legal capacities, and identifies both properties by legal description and title reference.","This Creation of Servitude is entered into on [DATE] between [GRANTOR FULL NAME / ENTITY], the registered owner of [SERVIENT PROPERTY LEGAL DESCRIPTION] ('Grantor'), and [GRANTEE FULL NAME / ENTITY] ('Grantee'), the owner of [DOMINANT PROPERTY LEGAL DESCRIPTION / or, in the case of a servitude in gross, [GRANTEE DESCRIPTION]].","Using informal property addresses instead of the full legal description from the title deed. If the legal description does not match the registered title, the servitude may be unregistrable or unenforceable against subsequent purchasers.",{"name":292,"plain_english":293,"sample_language":294,"common_mistake":295},"Grant of Servitude and Permitted Use","States the specific rights being granted, the exact nature of the permitted use, and any limitations on how those rights may be exercised.","Grantor hereby grants to Grantee a servitude over the Burdened Area (as described in Schedule A) for the purpose of [SPECIFIC USE — e.g., pedestrian and vehicular access / installation and maintenance of underground utility lines], to be exercised in accordance with the terms of this Agreement.","Describing the permitted use in terms so broad that the grantee can expand use far beyond what was originally intended — courts construe ambiguity in favor of the servient owner in some jurisdictions but against it in others.",{"name":297,"plain_english":298,"sample_language":299,"common_mistake":300},"Description of the Burdened Area","Precisely identifies the portion of the servient property over which the servitude rights apply, typically by reference to a surveyed plan attached as a schedule.","The Burdened Area is the portion of the Servient Property shown hatched on the survey plan attached as Schedule A, being approximately [X] square meters / [X] linear meters in width, commencing at [REFERENCE POINT] and extending to [REFERENCE POINT].","Omitting a survey plan and relying solely on a written description. Inconsistent or ambiguous boundary descriptions lead to disputes that can take years to resolve and may require a court to determine the actual extent of the servitude.",{"name":302,"plain_english":303,"sample_language":304,"common_mistake":305},"Consideration and Compensation","States the payment or other benefit provided by the grantee to the grantor in exchange for the servitude, which may be a lump sum, annual payment, or nominal consideration to establish enforceability.","In consideration of the grant of this Servitude, Grantee shall pay to Grantor the sum of $[AMOUNT] [as a one-time payment on the Commencement Date / annually on [DATE] of each year during the Term], receipt of which the Grantor hereby acknowledges.","Using purely nominal consideration (e.g., $1) for a commercially significant servitude. While nominal consideration may support enforceability in some jurisdictions, inadequate compensation can expose the grantor to challenges on grounds of unconscionability or create tax complications on the transaction.",{"name":307,"plain_english":308,"sample_language":309,"common_mistake":310},"Duration and Term","Specifies whether the servitude is permanent (in perpetuity), fixed-term, or tied to a specific use or event, and states the commencement date.","This Servitude shall commence on [DATE] and shall [continue in perpetuity and run with the land / continue for a fixed term of [X] years, expiring on [DATE] / continue until [SPECIFIED EVENT OR CONDITION]].","Not specifying whether the servitude is permanent or limited in duration. A servitude intended as temporary that is recorded without an end date can encumber a title indefinitely, significantly affecting property value and future disposals.",{"name":312,"plain_english":313,"sample_language":314,"common_mistake":315},"Maintenance and Repair Obligations","Allocates responsibility between the parties for maintaining any infrastructure within the burdened area — access roads, drainage works, conduits, fences — and states who bears repair costs.","Grantee shall, at its own cost, maintain the Burdened Area and any works, structures, or installations placed thereon in good repair and condition. Grantor shall not obstruct or interfere with Grantee's reasonable access for maintenance purposes.","Leaving maintenance obligations unaddressed. Without clear allocation, both parties assume the other is responsible, leading to neglected infrastructure, disputes, and potential liability when a failure causes damage to third parties.",{"name":317,"plain_english":318,"sample_language":319,"common_mistake":320},"Restrictions on Grantor's Use","Sets out what the servient landowner may and may not do with the burdened area during the term of the servitude — for example, prohibiting construction that would obstruct an access way.","Grantor shall not erect any permanent structure, plant any trees, or otherwise obstruct the Burdened Area in a manner that would interfere with Grantee's exercise of the Servitude rights. Grantor retains all other rights of use and ownership over the Servient Property.","Failing to state what the grantor retains the right to do. Overly broad restriction clauses that prohibit all grantor use of the burdened area can be challenged as creating a de facto transfer of possession rather than a limited use right.",{"name":322,"plain_english":323,"sample_language":324,"common_mistake":325},"Assignment and Transfer","States whether the grantee may assign the benefit of the servitude to a third party, whether the servitude runs with the land on a sale, and any consent requirements.","This Servitude is [appurtenant to the Dominant Property and shall automatically pass to any successor in title to the Dominant Property without further consent / personal to the Grantee and may not be assigned without the prior written consent of the Grantor].","Not specifying whether the servitude is appurtenant or in gross. If this is left unclear, a purchaser of the dominant land may not inherit the servitude benefit, and the grantee may be unable to enforce the right after a conveyance.",{"name":327,"plain_english":328,"sample_language":329,"common_mistake":330},"Termination and Extinguishment","Identifies the circumstances under which the servitude ends — expiry of term, completion of purpose, mutual release, or breach — and the steps required to formally extinguish it from the title register.","This Servitude shall terminate upon [expiry of the Term / completion of [SPECIFIED PURPOSE] / written agreement of both parties]. On termination, Grantee shall, at its own cost, execute all documents reasonably required to procure cancellation of this Servitude from the title register within [30] days.","No provision for formal cancellation on termination. A servitude that has functionally ended but remains on the register continues to encumber the title, complicates future sales, and may require a court application to remove.",{"name":332,"plain_english":333,"sample_language":334,"common_mistake":335},"Governing Law and Registration","States the jurisdiction whose law governs the servitude, confirms the obligation to register it against the relevant title, and allocates the costs of registration.","This Servitude is governed by the laws of [STATE / PROVINCE / JURISDICTION]. Grantee shall, at its own expense, lodge this instrument for registration against the title to the Servient Property within [30] days of execution. Grantor shall execute all further documents reasonably required to effect registration.","Not including a registration obligation. A servitude that is not registered against the servient title typically does not bind subsequent purchasers — meaning the grantee's rights can be lost entirely if the servient land is sold to a bona fide purchaser without notice.",[337,342,347,352,357,362,367,372],{"step":338,"title":339,"description":340,"tip":341},1,"Identify and verify both parties and their title","Confirm the full legal name of the servient landowner and the dominant party or grantee. Obtain the current title certificate or deed for both properties to confirm ownership and check for existing encumbrances.","A title search is essential before executing — an undisclosed mortgage or prior encumbrance on the servient land may affect the validity or priority of the new servitude.",{"step":343,"title":344,"description":345,"tip":346},2,"Commission a survey and prepare the burdened area plan","Engage a licensed surveyor to prepare a plan that precisely identifies and dimensions the burdened area. Attach the certified plan as Schedule A and reference it in the body of the document.","Most land registries require a registry-compliant survey plan for registration — confirm the format and scale requirements with the relevant office before the survey is commissioned.",{"step":348,"title":349,"description":350,"tip":351},3,"Define the permitted use with specific language","Write out the exact nature of the use granted — pedestrian and vehicular access, pipeline installation, drainage, overhead cables, etc. Include any restrictions on vehicles, loads, or working hours.","If the use may change over the term — for example, a utility line that may carry additional services in the future — state that expressly rather than relying on implied rights.",{"step":353,"title":354,"description":355,"tip":356},4,"Set the duration and commencement date","Decide whether the servitude is permanent or fixed-term and enter the start date. If tied to an event (e.g., completion of a development), define the triggering event precisely.","For permanent servitudes, confirm with a property lawyer that perpetual encumbrances are registrable and recognized in the applicable jurisdiction — some civil law systems require periodic renewal.",{"step":358,"title":359,"description":360,"tip":361},5,"Negotiate and document the consideration","Agree on the payment — lump sum, annual fee, or nominal amount — and state the payment schedule, currency, and mechanism in the compensation clause.","For commercially significant servitudes over high-value land, obtain an independent valuation before agreeing on the lump sum — this protects the grantor and supports the transaction if challenged.",{"step":363,"title":364,"description":365,"tip":366},6,"Allocate maintenance and restriction obligations","Specify who maintains the access way, drainage works, or other infrastructure, who bears repair costs, and what the grantor may not do within the burdened area.","Include a dispute resolution mechanism specifically for maintenance disagreements — these are the most common source of servitude disputes between neighbours and are faster to resolve through mediation than litigation.",{"step":368,"title":369,"description":370,"tip":371},7,"Execute with the required formalities","Both parties must sign the document with the formalities required in the jurisdiction — typically in the presence of a witness or notary. For registration, many jurisdictions require notarial certification or attestation.","Check whether the grantor's mortgage holder must also consent to the servitude — most standard mortgage conditions require lender consent before the mortgagor can encumber the title.",{"step":373,"title":374,"description":375,"tip":376},8,"Register the servitude against the servient title","Lodge the executed document and survey plan with the relevant land registry or deeds office within the timeframe specified in the agreement. Confirm registration by obtaining an updated title certificate.","Retain a certified copy of the registered servitude instrument — this is the grantee's primary evidence of title to the right and should be stored with the property deed.",[378,382,386,390,394,398],{"mistake":379,"why_it_matters":380,"fix":381},"Failing to register the servitude against the title","An unregistered servitude is a personal obligation between the original parties only. A subsequent purchaser of the servient land who buys without notice of the servitude typically takes free of it, extinguishing the grantee's rights entirely.","Include a clause obliging the grantee to register within a defined period post-execution, and make registration a condition of the consideration being paid in full.",{"mistake":383,"why_it_matters":384,"fix":385},"Describing the burdened area without a survey plan","Written boundary descriptions without a referenced survey are routinely disputed — even small discrepancies in compass bearings or measured distances can shift the burdened area by metres, triggering expensive court proceedings.","Always attach a surveyor-certified plan as a schedule and cross-reference it in the body of the document. Confirm the plan meets land registry requirements before execution.",{"mistake":387,"why_it_matters":388,"fix":389},"Drafting the permitted use too broadly","A servitude that grants 'any and all uses' or uses vague terms like 'general access' can be interpreted to allow activities far beyond what the grantor intended, and in some jurisdictions courts will not imply limitations not stated in the instrument.","State the permitted use in specific, activity-level terms — 'pedestrian and light vehicular access for residential purposes only, maximum vehicle weight 3,500 kg' rather than 'access.'",{"mistake":391,"why_it_matters":392,"fix":393},"Ignoring the existing mortgage or charge on the servient land","If the servient property is mortgaged and the lender has not consented to the servitude, the lender may have priority over the servitude on enforcement — potentially allowing the lender to sell the property free of the encumbrance the grantee paid for.","Conduct a full title search before execution, identify all registered charges, and obtain written consent from any mortgagee whose consent is required under the mortgage terms.",{"mistake":395,"why_it_matters":396,"fix":397},"Omitting maintenance and repair obligations","Without clear obligations, neither party maintains shared infrastructure — access tracks deteriorate, drainage fails, and both parties sustain losses while each blames the other.","Allocate every maintenance obligation explicitly: who maintains what, at whose cost, on what schedule, and what happens if the responsible party defaults.",{"mistake":399,"why_it_matters":400,"fix":401},"Not specifying what happens on termination","A servitude without a clear termination and removal procedure remains on the title register indefinitely, clouding future transactions even after the underlying purpose has ended.","Include a clause requiring the grantee to execute a formal release and lodge it for registration within a stated number of days of the servitude's termination or expiry.",[403,406,409,412,415,418,421,424,427,430],{"question":404,"answer":405},"What is a creation of servitude?","A creation of servitude is a formal legal instrument that grants one party the right to use a defined portion of another party's land for a specific purpose — such as access, utilities, or drainage — without transferring ownership. It creates a real right that, once registered, attaches to the burdened land and typically binds all future owners. The document records the nature of the right, the burdened area, any compensation, and the obligations of both parties.\n",{"question":407,"answer":408},"What is the difference between a servitude and an easement?","Servitude and easement describe the same concept in different legal traditions. Easement is the term used in common law jurisdictions such as England, Australia, and most US states. Servitude is the preferred term in civil law and mixed-law jurisdictions such as South Africa, Louisiana, Quebec, and Scotland. Both grant a non-possessory right to use another's land and are governed by similar principles, but the formalities, duration rules, and registration requirements differ by jurisdiction.\n",{"question":410,"answer":411},"Does a servitude need to be registered?","In virtually all jurisdictions, registration against the servient title is what gives a servitude its force against third parties — including future purchasers and mortgagees. An unregistered servitude is typically enforceable only between the original contracting parties and is lost when the land is sold to a buyer without notice. Always lodge the executed instrument for registration promptly after execution.\n",{"question":413,"answer":414},"What is the difference between an appurtenant servitude and a servitude in gross?","An appurtenant servitude benefits a specific parcel of land (the dominant tenement) and automatically passes to any new owner of that parcel when it is sold — the right travels with the land, not with the individual. A servitude in gross benefits a specific person or entity rather than an adjoining property — for example, a utility company's right to run a pipeline. Servitudes in gross are personal and may not automatically transfer on sale of the grantee's business or assets unless the instrument specifically permits assignment.\n",{"question":416,"answer":417},"Can a servitude be terminated or cancelled?","A servitude can be extinguished in several ways: by expiry of its stated term, by merger when the same person acquires both the dominant and servient properties, by formal written release executed by the dominant party, by abandonment where the right has not been exercised for the statutory prescription period, or by court order. Extinguishment must be recorded against the title — simply ceasing to use the right does not automatically remove it from the register.\n",{"question":419,"answer":420},"Does the grantor need to be compensated for granting a servitude?","There is no universal rule requiring financial compensation — servitudes can be created for nominal consideration or as part of a broader property transaction where the benefit is received in another form. However, for commercially significant servitudes, fair market compensation is standard practice and protects the grantor from challenges based on unconscionability. For compulsory servitudes created under statute — such as utility easements — compensation is typically determined by a statutory valuation process.\n",{"question":422,"answer":423},"Does a servitude bind a subsequent purchaser of the servient land?","A registered servitude generally binds all future owners of the servient land regardless of whether they had actual knowledge of it — registration constitutes constructive notice in most jurisdictions. An unregistered servitude typically binds only the original parties and a purchaser who had actual notice of the right at the time of purchase. This is why prompt registration is essential for the grantee's protection.\n",{"question":425,"answer":426},"Do I need a lawyer to create a servitude?","Legal review is strongly recommended for any servitude over commercially significant land. A lawyer familiar with local property law can confirm that the document meets registration requirements, verify the title for prior encumbrances, advise on tax implications of the consideration, and ensure the permitted use language does not inadvertently create broader or narrower rights than intended. For straightforward access servitudes between cooperating neighbours, a well-drafted template with a brief legal review is typically sufficient.\n",{"question":428,"answer":429},"What happens if the servient landowner obstructs the servitude?","If the servient landowner interferes with the registered right — by erecting a fence, blocking an access route, or otherwise preventing exercise of the servitude — the dominant party typically has a right to seek an interdict or injunction requiring removal of the obstruction, damages for losses caused by the interference, and in some jurisdictions a declaration of the extent of the right. The strength of these remedies depends on how precisely the servitude instrument defines the right and the burdened area.\n",{"question":431,"answer":432},"Can a servitude be created by long use rather than a written agreement?","Yes — in most common law and some civil law jurisdictions, a servitude can arise by prescription (long use) if the use has been open, peaceful, uninterrupted, and adverse to the owner for the statutory period, typically 10–20 years depending on jurisdiction. However, prescriptive servitudes are often more difficult to prove and enforce than documented ones, and some jurisdictions have abolished or restricted prescription for land rights. A written creation of servitude eliminates the uncertainty and expense of establishing a right by prescription.\n",[434,438,442,446,450,454],{"industry":435,"icon_asset_id":436,"specifics":437},"Real Estate and Property Development","industry-real-estate","Access and utility servitudes are routinely required for subdivision approvals, where individual lots need rights over common driveways, drainage reserves, or service corridors created by the development.",{"industry":439,"icon_asset_id":440,"specifics":441},"Energy and Utilities","industry-energy","Electricity, gas, water, and telecommunications companies rely on servitudes in gross to legally install and maintain infrastructure networks across privately owned land, with compensation typically determined by statutory valuation.",{"industry":443,"icon_asset_id":444,"specifics":445},"Agriculture and Land Management","industry-agriculture","Irrigation channel rights, stock and access tracks between non-contiguous farming parcels, and drainage servitudes between properties sharing a natural watercourse are common and are often passed down through successive land sales.",{"industry":447,"icon_asset_id":448,"specifics":449},"Mining and Resources","industry-mining","Mining operations frequently require pipeline, road access, and surface use servitudes over adjacent private land to connect extraction sites to processing facilities or ports, often subject to additional regulatory approval.",{"industry":451,"icon_asset_id":452,"specifics":453},"Construction and Infrastructure","industry-construction","Temporary and permanent servitudes underpin major infrastructure projects — road widening, rail corridors, and fiber rollout — where public or private operators require rights over numerous private parcels along a route.",{"industry":455,"icon_asset_id":456,"specifics":457},"Conservation and Environmental Management","industry-conservation","Conservation servitudes restrict development or agricultural intensification on ecologically sensitive land, with the dominant right often held by a land trust, government body, or conservation NGO in perpetuity.",[459,462,465,469],{"vs":105,"vs_template_id":460,"summary":461},"land-lease-agreement-D13613","A land lease transfers possession and occupation of the whole parcel to the tenant for the lease term, giving the lessee exclusive use. A servitude grants a limited, defined use right over part of the land while the grantor retains possession and ownership. Use a servitude when only a specific use — access, utilities, drainage — is needed; use a lease when the grantee needs to occupy and control the land.",{"vs":88,"vs_template_id":463,"summary":464},"real-estate-purchase-agreement-D13611","A purchase agreement transfers full ownership and title of the property from seller to buyer. A creation of servitude leaves ownership with the grantor and conveys only a limited use right. Where a developer needs access across adjoining land without buying it outright, a servitude is the appropriate instrument.",{"vs":466,"vs_template_id":467,"summary":468},"License Agreement","D{LICENSE_AGREEMENT_ID}","A license is a personal, revocable permission to use land — it does not create a real right and does not bind subsequent purchasers of the burdened land. A servitude creates a real property right that, once registered, runs with the land and survives a change of ownership. Use a license for short-term or informal arrangements; use a servitude wherever long-term security of tenure for the right is needed.",{"vs":240,"vs_template_id":470,"summary":471},"D{PARTY_WALL_AGREEMENT_ID}","A party wall agreement governs the rights and obligations of adjoining owners in relation to a shared structural wall or boundary. A creation of servitude grants rights of use over a defined portion of land — access routes, utility corridors, drainage areas — that extend beyond the boundary line itself. Where shared access infrastructure rather than shared structure is the subject, a servitude is the correct instrument.",{"use_template":473,"template_plus_review":477,"custom_drafted":481},{"best_for":474,"cost":475,"time":476},"Straightforward access or drainage servitudes between cooperating neighbours over lower-value rural or residential land","Free","1–3 hours to complete, plus surveyor and registry costs",{"best_for":478,"cost":479,"time":480},"Commercial or urban property servitudes, utility company rights, or any servitude that will be registered against a mortgaged title","$500–$1,500 for a property lawyer review and registration assistance","3–7 days",{"best_for":482,"cost":483,"time":484},"Complex infrastructure servitudes, high-value commercial land, multi-party arrangements, or servitudes required as conditions of a development approval","$2,000–$8,000+ depending on jurisdiction and complexity","2–6 weeks",[486,491,496,501],{"code":487,"name":488,"flag_asset_id":489,"note":490},"us","United States","flag-us","Easements (the US term for servitudes) are governed by state law, which varies significantly. Most states require easements to be in writing and recorded with the county recorder or register of deeds to bind subsequent purchasers. Conservation easements held by qualified organizations may qualify for federal tax deductions under IRC §170(h). California, Texas, and Florida each have specific statutory frameworks governing easement creation and termination that may affect template language.",{"code":492,"name":493,"flag_asset_id":494,"note":495},"ca","Canada","flag-ca","Easements and servitudes in Canada are governed by provincial property law. In common law provinces such as Ontario and British Columbia, easements must be registered against the servient title in the land titles or land registry system to bind third parties. Quebec uses the civil law concept of servitude under the Civil Code of Québec (Articles 1177–1194), which requires notarial form and publication in the land register. Alberta's Land Titles Act and BC's Land Title Act each prescribe specific registration forms.",{"code":497,"name":498,"flag_asset_id":499,"note":500},"uk","United Kingdom","flag-uk","England and Wales recognize easements under common law and the Law of Property Act 1925. Legal easements must be created by deed and registered at HM Land Registry against the servient title to be enforceable as legal interests. Scotland uses a separate system of real burdens and servitudes under the Title Conditions (Scotland) Act 2003, which requires dual registration against both the burdened and benefited properties. Northern Ireland has its own land registration system under the Land Registration Act (Northern Ireland) 1970.",{"code":502,"name":503,"flag_asset_id":504,"note":505},"eu","European Union","flag-eu","Most EU member states recognize servitudes or equivalent real property rights under their civil codes, but the formalities and registration requirements differ substantially. France governs servitudes under Articles 637–710 of the Civil Code; Germany under §§ 1018–1093 BGB (Grunddienstbarkeit). Notarial form is required for execution in France, Germany, Spain, and most other civil law member states. GDPR considerations arise where land survey or registration documents contain personal data of the parties.",[244,247,507,508,509,510,511,512,513,514,515,516],"non-disclosure-agreement-nda-D12692","service-agreement-D12711","exclusive-lease-agreement-D12808","property-management-agreement-D1196","independent-contractor-agreement-D160","joint-venture-agreement-D889","memorandum-of-understanding-D12548","letter-of-intent_acquisition-of-business-D5197","indemnification-agreement-D13016","settlement-agreement-D916",{"emit_how_to":191,"emit_defined_term":191},{"primary_folder":98,"secondary_folder":519,"document_type":520,"industry":521,"business_stage":522,"tags":523,"confidence":527},"real-estate-and-leases","agreement","real-estate","all-stages",[521,524,525,526],"legal","servitude","property-rights",0.92,"\u003Ch2>What is a Creation of Servitude?\u003C/h2>\n\u003Cp>A \u003Cstrong>Creation of Servitude\u003C/strong> is a formal legal instrument that grants one party a defined, non-possessory right to use a specific portion of another party's land for a stated purpose — such as access, passage, drainage, or the installation and maintenance of utility infrastructure. The document identifies the burdened property (the servient tenement), the benefiting party or property (the dominant tenement), the precise area subject to the right, the scope and limitations of the permitted use, any compensation payable, and the duration of the arrangement. Once signed with the required formalities and registered against the servient title, the servitude becomes a real right attached to the land itself, binding not only the original grantor but also any future purchaser of the burdened property.\u003C/p>\n\u003Ch2>Why You Need This Document\u003C/h2>\n\u003Cp>Without a formally executed and registered servitude, any right to use another party's land rests on nothing more than personal goodwill or an informal permission that can be withdrawn at any time and is lost entirely when the property changes hands. Businesses and individuals who rely on undocumented access tracks, unregistered utility corridors, or informal drainage arrangements regularly find their operational continuity severed when adjacent land is sold, mortgaged, or developed — leaving them with no enforceable right and a potentially expensive dispute. A properly drafted creation of servitude protects the grantee's investment in infrastructure, gives the grantor clear legal certainty about what has been agreed and what compensation is owed, and ensures that both parties' obligations around maintenance and restriction are documented before disputes arise. This template provides the structured legal framework to record every material term, attach a surveyed plan, and move directly to registration.\u003C/p>\n",1778696245003]