EASEMENT OF RIGHT OF WAY

 

KNOW ALL MEN BY THESE PRESENTS:

This AGREEMENT OF EASEMENT OF RIGHT OF WAY, entered into this ________ day of ___________________________,19_____ by and between "A" owner of the dominant estate, of age, single (or married to ___________________, and resident of ____________________, and "B", owner of the servient estate, also of age, single (or married to__________________), and 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 the province of ____________________

 

That "B" is the owner of a parcel of residential lot located at _____________________ municipality 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, his 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__________), 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, deeds, and titles in relation to the servient estate in order to facilitate the registration of the above-mentioned right of way, in accordance with law.

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 year first above written, in the municipality of ______________________ province of _________________ , Philippines.

_____________________________            _____________________________
(Signature of owner of dominant testate)                   (Signature of owner of servient estate)

 

Signed in the presence of.
_________________________________
_________________________________


                                             ACKNOWLEDGMENT