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Sample Right of Way Agreement

A completed right-of-way agreement for two neighbouring England and Wales properties, with route, maintenance, obstruction and registration terms.

Jurisdiction: England and Wales - completed fictional worked example

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Important: This sample provides general legal information only and is not legal advice. Check the law, prescribed forms and signing requirements that apply to your exact jurisdiction and circumstances before use.

# SAMPLE RIGHT OF WAY AGREEMENT

Date: 22 January 2029

Parties: Moorland Homes Limited and Priya Nair

## 1. Parties and purpose

Moorland Homes Limited, owner of 4 Orchard Yard, York YO10 4LP, grants Priya Nair, owner of 6 Orchard Yard, a right of way on foot and with ordinary private vehicles over the hatched route in the plan.

## 2. Money and rights

The right begins at the adopted highway on Mill Lane and ends at Priya's parking court. It is for access to the dominant land only, may be used reasonably at all times, and does not authorise parking, storage or commercial deliveries.

## 3. Duties and operation

Priya must keep gates closed, avoid unreasonable noise, give warning for contractors and pay one half of agreed resurfacing costs. Moorland must not place a lock, hedge, vehicle or other obstruction across the route.

## 4. Consent and management

Each owner maintains the surface adjoining their land and promptly repairs damage they cause. Emergency access remains available, and neither party may widen, divert or alter the route without the other's written consent.

## 5. Ending and remedies

The parties will sign a plan identifying the 3.2 metre strip, lodge the deed for registration where appropriate and notify any mortgagee. The grant does not guarantee a public highway status or permit access outside the described route.

## 6. Legal reservations

A material breach may be referred to negotiation and then the county court for declaration, injunction or damages. No remedy is waived by tolerating an occasional obstruction or accepting a contribution.

## 7. Signatures

This agreement is governed by the law of England and Wales. Moorland and Priya sign as deeds before independent witnesses, intending the rights and covenants to bind successors to the respective titles.

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