River/Water Source Access Agreement

Document Type: DOCX

Number of Pages: 3

Price: KES 300
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Summary

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 Descriptions
2. Recitals/Background
3. Grant of Easement
4. Description of Water Source & Access Track
5. Permitted Uses & Conservation
6. Maintenance & Repair Obligations
7. Cost-Sharing Arrangements
8. Environmental/Conservation Covenants
9. Insurance & Indemnity
10. Enforcement & Remedies
11. Registration & Stamping
12. Notices
13. Governing Law
14. Execution Formalities

Purpose:
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.

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Disclaimer: This document is not to be taken as legal advise.

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