Land Access Agreements and Terms and Conditions

Mugsy on 23/07/2024 - 22:08

I'm building a house in a new estate… some of my neighbours want to use my land as access in order to get fill/equipment/materials through to our back yards for either their backyard landscaping or to construct the dividing fences (one is a builder).

Being in QLD, I've downloaded the DJAG form for dividing fence construction agreements to facilitate any fence building but I need to find some sort of terms and conditions template which is correctly worded in a way accepted by the legal system to say that if there is any damage to property including underground services that the party seeking access will pay of all rectifications and how that process will occur (I'd assume the lot owner will get quotes for repairs, and the invoices billed to the other owner who sought access).

I originally went to the Land Access Ombudsman who said they don't deal with such matters. They directed me to my local council. Brisbane City Council said they don't deal with such matters either and directed me towards Legal Aid QLD… who have on their website that they don't deal with such matters either.

Surely there must be some sort of standard template for something like this floating around on the internet.

Would anyone had come across something like this?

Home & Garden

Comments

  • jakka on 23/07/2024 - 22:16
    +5

    Ozbargain does not deal with such matters either

    • Mugsy on 23/07/2024 - 22:19
      +1

      I was waiting for someone to say that. You did not disappoint :-P

  • mshanann on 23/07/2024 - 22:32
    +1

    Maybe google something along the lines of 'coal seam gas australia legal agreement property damage' and convert accordingly for your backyard fence purposes :)

    https://meg.resourcesregulator.nsw.gov.au/sites/default/file…

    https://amec.org.au/wp-content/uploads/2023/05/2102-AMEC-NSW…

  • Ryanek on 23/07/2024 - 22:38
    +1

    I believe you're after an "Indemnity agreement". You should find templates online.

    If worse comes to worse… ChatGPT could write you one.

    • Mugsy on 23/07/2024 - 22:59

      That's why I'm the ozbargainer and you're the law-talking-guy!

      I was curious to see what co-pilot would come up with…

      INDEMNITY AGREEMENT

      This Indemnity Agreement (“Agreement”) is made and entered into as of [Date], by and between:

      Indemnitor: [Name of Indemnitor], located at [Address of Indemnitor]

      and

      Indemnitee: [Your Name], located at [Your Address]

      Recitals:

      WHEREAS, Indemnitor desires to access the land owned by Indemnitee located at [Address of Land] (the “Property”) for the purpose of [describe the purpose, e.g., conducting a survey, performing maintenance, etc.];

      WHEREAS, Indemnitee agrees to grant Indemnitor access to the Property under the terms and conditions set forth in this Agreement.

      Agreement:

      Indemnification:
      Indemnitor agrees to indemnify, defend, and hold harmless Indemnitee from any and all claims, actions, liabilities, suits, injuries, demands, obligations, losses, settlements, judgments, damages, fines, penalties, costs, and expenses, including attorney’s fees and other expenses (collectively, a “Claim”), arising out of or relating to Indemnitor’s access to and activities on the Property, except to the extent such Claim arises from the sole negligence or willful misconduct of Indemnitee.
      Insurance:
      Indemnitor shall maintain adequate insurance coverage to cover any potential claims arising from their activities on the Property. Proof of insurance shall be provided to Indemnitee upon request.
      Compliance with Laws:
      Indemnitor agrees to comply with all applicable laws, regulations, and ordinances in connection with their activities on the Property.
      Term:
      This Agreement shall commence on [Start Date] and shall continue until [End Date], unless terminated earlier by either party with [number] days written notice.
      Governing Law:
      This Agreement shall be governed by and construed in accordance with the laws of the State of [State].
      Entire Agreement:
      This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, and negotiations, whether written or oral, relating to the subject matter hereof.
      IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.

      Indemnitor:

      [Name of Indemnitor]

      Indemnitee:

      [Your Name]

  • MS Paint on 23/07/2024 - 23:13

    Just discuss your conditions with the neighbours over a beer and shake on it. That's as good as any binding contractual agreement in Australia.

  • Dollar General on 24/07/2024 - 05:19

    Do you want compensation for others accessing your land? If so, get an agreement drawn up and have the other parties cover the cost

    • AustriaBargain on 24/07/2024 - 06:56
      +1

      The compensation is avoiding a grudge and not ending up on a Today Tonight special about neighbours from hell.

  • Duckie2hh on 24/07/2024 - 09:50

    some of my neighbours want to use my land as access in order to get fill/equipment/materials through to our back yards

    what if they damage your land?

    • Mugsy on 24/07/2024 - 20:11

      I'm coming to this conclusion myself in that there's too many things that can or will likely get damaged. The number of truckloads that will go through is going to mess up the land for when we do our landscaping.

      There's also a post that provides structural support that will bring the back of the house down if they take it out… and they'll be going past this post god knows how many times.

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