This form provides for a tenant on the surface of the lands to consent to a right of way granted by the landowner. It provides the tenant will be paid for any damages to the tenants crops or other property, resulting from the use of the surface, under the terms of the right of way agreement.
Kansas Consent by Tenant to Right of Way Agreement is a legal document that grants permission to a landlord's tenant to allow access through their premises for the purpose of constructing or maintaining a right of way. This agreement is crucial in cases where a right of way needs to be established, modified, or repaired, and the access path passes through a leased property in Kansas. In Kansas, there are two main types of Consent by Tenant to Right of Way Agreements that are frequently used: Temporary and Permanent. 1. Temporary Consent by Tenant to Right of Way Agreement: This type of agreement allows access to the tenant's premises for a specified duration, typically for a temporary construction project or maintenance activity involving the right of way. It ensures that both the landlord and the tenant are aware of the construction activities or repairs that may disrupt the tenant's normal use of the premises. The agreement typically includes terms regarding the compensation or reimbursement of any damages caused by the construction or maintenance work. 2. Permanent Consent by Tenant to Right of Way Agreement: This type of agreement grants access to the tenant's premises in perpetuity or for an extended period, usually for the establishment or modification of a permanent right of way. It involves more detailed negotiations between the landlord, tenant, and the party seeking the right of way. The agreement outlines the conditions for access, the compensation terms, and any potential restrictions or limitations regarding the tenant's use of the property while the right of way is in effect. Key considerations in a Kansas Consent by Tenant to Right of Way Agreement include: 1. Description of the Premises: The agreement should clearly identify the exact location of the leased property and the boundaries affected by the right of way. 2. Purpose of the Right of Way: The agreement should state the specific purpose for which the right of way is required, such as utilities installation, road construction, or maintenance. 3. Duration and Conditions: The duration of the agreement should be clearly defined, whether it is temporary or permanent. Additionally, any conditions or limitations on the tenant's use of the property during the access period should be explicitly mentioned. 4. Compensation: The agreement should address the tenant's right to compensation for any damages caused to their property during the construction or maintenance activities, including provisions for necessary repairs or remediation. 5. Indemnification Clause: This clause ensures that the tenant is protected from liability arising from any accidents, injuries, or property damage related to the right of way activities, placing the responsibility on the party seeking access. 6. Termination Clause: The agreement should outline the circumstances under which the consent granted may be terminated, such as completion of the construction project or expiration of the right of way's purpose. It is essential to consult with legal professionals experienced in real estate or property law in Kansas to draft, review, and execute a Consent by Tenant to Right of Way Agreement compliant with the state's regulations and to ensure the protection of the rights and interests of both landlords and tenants.
