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Easement Agreement

Introduction
Parties
Property Description
Easement Rights
Obligations of the Dominant Owner
Obligations of the Servient Owner
Duration of the Easement
Termination of the Easement
Maintenance and Repair
Compensation
Dispute Resolution
Entire Agreement
Governing Law
Notices
Signatures

Introduction

This Easement Agreement ("Agreement") is made and entered into as of this [Date] by and between [Name of Dominant Owner], residing at [Address of Dominant Owner] ("Dominant Owner"), and [Name of Servient Owner], residing at [Address of Servient Owner] ("Servient Owner").

Parties

Dominant Owner: [Name of Dominant Owner]
Servient Owner: [Name of Servient Owner]

Property Description

Dominant Property: The property located at [Address of Dominant Property], registered under Title Number [Title Number of Dominant Property].
Servient Property: The property located at [Address of Servient Property], registered under Title Number [Title Number of Servient Property].

Easement Rights

The Dominant Owner is granted an easement over the Servient Property for the purpose of [State the purpose of the easement, e.g., access to a public road, utility lines, drainage, etc.].
The easement rights granted to the Dominant Owner are limited to [Specify the specific rights granted, e.g., right of way, right to lay pipes, right to construct a fence, etc.].
The easement shall be exercised in a manner that does not unreasonably interfere with the Servient Owner's use and enjoyment of the Servient Property.

Obligations of the Dominant Owner

The Dominant Owner shall use the easement only for the purpose for which it was granted.
The Dominant Owner shall not cause any damage to the Servient Property in the exercise of the easement rights.
The Dominant Owner shall maintain the easement in a safe and usable condition.
The Dominant Owner shall not assign or transfer the easement without the written consent of the Servient Owner.

Obligations of the Servient Owner

The Servient Owner shall not interfere with the Dominant Owner's exercise of the easement rights.
The Servient Owner shall not obstruct or impede access to the easement.
The Servient Owner shall not use the easement for any purpose other than that for which it was granted.

Duration of the Easement

This easement shall be in perpetuity unless otherwise agreed upon in writing by both parties.

Termination of the Easement

This easement may be terminated by mutual agreement in writing by both parties.
This easement may be terminated if the Dominant Owner abandons the easement.
This easement may be terminated if the purpose for which it was granted ceases to exist.

Maintenance and Repair

The Dominant Owner shall be responsible for the maintenance and repair of the easement.
The Servient Owner shall have the right to access the easement for the purpose of maintaining and repairing the Servient Property.

Compensation

The Dominant Owner shall not be entitled to any compensation for the easement.
The Servient Owner shall not be entitled to any compensation for granting the easement.

Dispute Resolution

Any dispute arising out of this Agreement shall be settled amicably by the parties.
If the parties are unable to reach an amicable settlement, the dispute shall be referred to arbitration in accordance with the Arbitration Act, 1995.

Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Kenya.

Notices

All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, return receipt requested, or sent by overnight courier service, addressed as follows:
- If to the Dominant Owner:
  - [Name of Dominant Owner]
  - [Address of Dominant Owner]
- If to the Servient Owner:
  - [Name of Servient Owner]
  - [Address of Servient Owner]

Signatures

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

Dominant Owner:

[Signature]

[Printed Name]

Servient Owner: