Document Type: DOCX
Number of Pages: 3
A River/Water-Source Access Agreement is a formal easement instrument under Kenyan law by which the owner of one parcel (the Servient Land) grants to another (the Dominant Land owner) a perpetual right to cross the Servient Land in order to reach, draw from, and maintain a natural watercourse, spring or well. Key Components:1. Parties & Land Descriptions2. Recitals/Background3. Grant of Easement4. Description of Water Source & Access Track5. Permitted Uses & Conservation6. Maintenance & Repair Obligations7. Cost-Sharing Arrangements8. Environmental/Conservation Covenants9. Insurance & Indemnity10. Enforcement & Remedies11. Registration & Stamping12. Notices13. Governing Law14. Execution FormalitiesPurpose:1. Guarantees the Dominant Land proprietor lawful ingress and egress over the Servient Land so as to fetch water.2. Embeds obligations to conserve water quality, prevent pollution or over-abstraction, and control erosion around the source.3. Sets out who must maintain the access track and the immediate environs of the source and how repair costs are shared.4. Requires public-liability cover for anyone using the access, and indemnities against damage or injury arising from use.5. Establishes notice requirements, self-help rights, and entitlements to injunctive relief or damages in case of breach.Order for an editable sample template here on Sheriaplex.
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