What is the reason for including a declaration in a TP1 agreement?

In the context of a TP1 agreement, which relates to the transfer of land, including a declaration is primarily intended to avoid unintended easements. Easements are rights to use someone else's land for a specific purpose, which can arise either explicitly or through implication based on historical use. By including a declaration in the TP1 agreement, the parties can clearly state their intentions regarding access rights or other similar interests over the property. This ensures that there are no unintended rights granted to third parties that could complicate the ownership or use of the property in the future.

Declaring the specific terms under which the property is transferred helps clarify what is and isn't permitted, thus preventing any assumptions or implications that could lead to disputes over easements later on. This adds a layer of protection for the current landowner and sets clear boundaries regarding the use of the property.

While clarity of ownership details is important, that is not the primary reason for a declaration in this context; rather, it focuses on the presence or absence of rights that might otherwise be implied. Similarly, restricting property use generally pertains to covenants rather than declarations in the TP1. Avoiding implied easements takes precedence as a key reason for including such declarations.