Easement Agreement Template – Free Download 2026

This Easement Agreement ("Agreement") is entered into as of [____________] by and between [Grantor Name] ("Grantor"), owner of the real property described in Exhibit A hereto (the "Dominant Estate" / "Servient Estate"), and [Grantee Name] ("Grantee"), owner of the real property described in Exhibit B hereto (the "Dominant Estate" / "Benefited Property"). Grantor hereby grants and conveys to Grantee, its successors and assigns, a [perpetual / [____]-year] [non-exclusive / exclusive] easement (the "Easement") over, across, and through the portion of the Servient Estate legally described and depicted in Exhibit C attached hereto and incorporated herein by reference (the "Easement Area"), for the purpose of [ingress and egress / installation, operation, maintenance, repair, and replacement of [utilities / pipelines / drainage facilities / access road] / [other specific use]] (the "Permitted Use").

The Easement Area is more particularly described as follows: a strip of land [____] feet in width, the centerline of which is described as [legal description of centerline], as further depicted on the survey plat prepared by [Licensed Surveyor Name], License No. [____________], dated [____________], a copy of which is attached hereto as Exhibit C. The Easement shall be appurtenant to the Dominant Estate described in Exhibit B and shall run with the land, burdening the Servient Estate and benefiting the Dominant Estate in perpetuity [/ for the stated term], regardless of changes in ownership of either estate. This Agreement shall be recorded in the official records of [____________] County, [State], and the recording information shall be cross-referenced on the deeds to both the Servient Estate and the Dominant Estate.

The Easement grants Grantee the right to: (a) use the Easement Area for the Permitted Use at all times, subject to the restrictions set forth herein; (b) install, construct, maintain, repair, replace, and remove improvements within the Easement Area as reasonably necessary for the Permitted Use, including [paving, grading, and drainage improvements / utility lines, conduits, and related equipment]; (c) access the Easement Area on foot and with vehicles and equipment as reasonably necessary for the Permitted Use; and (d) trim, cut, or remove vegetation within the Easement Area as necessary to maintain safe and unobstructed use of the Easement. Grantee shall exercise its rights under this Easement in a manner that minimizes interference with Grantor's use and enjoyment of the Servient Estate.

Grantee shall not: (a) use the Easement Area for any purpose other than the Permitted Use; (b) construct any permanent structure within the Easement Area without Grantor's prior written consent; (c) park vehicles or store materials or equipment within the Easement Area for any period beyond that reasonably necessary to perform maintenance or construction activities; or (d) grant any sub-easement, license, or other right to any third party to use the Easement Area without Grantor's prior written consent. Grantor shall not: (a) construct any structure, fence, or other improvement within the Easement Area that would unreasonably interfere with Grantee's Permitted Use; (b) plant trees or install landscaping within the Easement Area that would interfere with the Permitted Use; or (c) grant any conflicting easement, license, or encumbrance that would impair Grantee's rights under this Agreement.

Grantee shall be solely responsible for all costs of maintaining the Easement Area and all improvements installed by Grantee therein in a safe, clean, and serviceable condition. Grantee shall promptly repair any damage to the Easement Area or to the Servient Estate caused by Grantee's exercise of its rights under this Agreement, restoring the affected area to a condition substantially equal to its pre-disturbance condition. If Grantee fails to complete any required repair within [____] days after written notice from Grantor, Grantor may perform such repair at Grantee's expense, and Grantee shall reimburse Grantor for all reasonable costs within [____] days of demand.

Grantee shall indemnify, defend, and hold harmless Grantor and Grantor's successors, assigns, and tenants from and against any claim, liability, loss, damage, cost, or expense (including reasonable attorneys' fees) arising from or related to: (a) Grantee's exercise of its rights under this Agreement; (b) any negligent or wrongful act or omission of Grantee, its employees, agents, or contractors within the Easement Area; or (c) any failure by Grantee to comply with applicable laws and regulations in connection with its use of the Easement Area. Grantor shall indemnify, defend, and hold harmless Grantee from claims arising from Grantor's negligent or wrongful acts within the Easement Area. Each Party shall maintain liability insurance with limits of not less than $[____________] per occurrence naming the other Party as an additional insured during any period of construction or significant activity within the Easement Area.

The Easement granted herein is [perpetual and shall run with the land / granted for a definite term expiring on [____________] unless renewed by written agreement of the parties of record at that time]. The Easement may be terminated prior to expiration only by: (a) a written instrument of termination executed by the then-owners of record of both the Servient Estate and the Dominant Estate and recorded in the official records of [____________] County; (b) the merger of title to the Servient Estate and the Dominant Estate in the same owner; (c) abandonment, which shall require clear and convincing evidence of both an intent to abandon and an affirmative act of abandonment, mere non-use alone being insufficient to constitute abandonment; or (d) a final court judgment ordering termination upon a showing of changed conditions rendering the Easement of no benefit to the Dominant Estate.