Deed of easement for underground service media

by Practical Law Property

A standard document for granting an easement for underground service media, such as pipes and cables, between neighbouring freehold landowners in England and Wales. This document sets out the terms for the grant of rights over servient land for the benefit of dominant land and contains detailed Grantor's and Grantee's Covenants. It contains optional provisions for a lender to consent and be a party to the deed where the Grantor’s property is subject to a charge. It provides a mechanism for ensuring the enforceability of positive covenants against the Grantee’s successors in title, by requiring a Deed of Covenant supported by registering a restriction at HM Land Registry. A key optional feature provides the Grantor with the flexibility to require the relocation of the underground service media, accommodating future development of the servient land. The document also provides for the registration of the easement, an indemnity, and the potential application of the Contracts (Rights of Third Parties) Act 1999.