Easement Agreement
Easement Agreement Generator
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Easement agreements may require wet ink signatures for recording with the county recorder. Check local recording requirements before relying solely on electronic signatures.
Sample Easement Agreement Generated by Legal Tank
Easement Agreement
Easement Grant & Description
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.
Rights & Restrictions
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.
Maintenance & Liability
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.
Duration & Termination
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.
What Is a Easement Agreement?
An easement agreement is a legal document that grants one party (the easement holder or dominant estate) the right to use another party's property (the servient estate) for a specific, limited purpose without transferring ownership. Easements are non-possessory interests in land that "run with the land," meaning they bind subsequent owners of the servient property and benefit subsequent owners of the dominant property unless the agreement specifies otherwise.
Common types of easements include access easements (right to cross another's property to reach landlocked parcels), utility easements (allowing utility companies to install and maintain infrastructure), drainage easements, conservation easements (restricting development to preserve natural resources), and prescriptive easements (acquired through long-term unauthorized use that meets statutory requirements).
The creation, modification, and termination of easements is governed by state real property law. Because easements constitute interests in land, they must satisfy the Statute of Frauds, the agreement must be in writing, signed by the property owner granting the easement, and typically recorded with the county recorder's office to provide constructive notice to future purchasers. Unrecorded easements may be enforceable between the original parties but can be defeated by a subsequent good-faith purchaser without notice.
Legal Tank helps you draft comprehensive easement agreements that clearly define the scope of use, maintenance responsibilities, and duration of the easement right. For related property documents, see our option to purchase agreement.
Why You Need a Easement Agreement
Landlocked properties require access easements across neighboring land to reach public roads, without an easement, the property may be unusable
Utility companies need easements to install, maintain, and repair water, sewer, electric, gas, and telecommunications infrastructure across private property
Conservation easements preserve natural habitats, agricultural land, and open spaces while providing significant tax benefits to the property owner
Shared driveways, parking areas, and common spaces between adjacent properties require formal easement agreements to prevent disputes
Key Sections in a Easement Agreement
Property Description and Easement Area
Include a precise legal description of both the servient property and the specific area subject to the easement. A survey or plat map showing the exact location and dimensions of the easement area should be attached as an exhibit.
Purpose and Scope of Use
Define exactly what the easement permits, vehicular access, pedestrian passage, utility installation, drainage, or other specific use. Limitations on use intensity, vehicle size, or hours of access should be explicitly stated.
Duration and Termination
Specify whether the easement is perpetual (runs with the land indefinitely), for a fixed term, or terminable upon certain conditions. Include any conditions that would extinguish the easement, such as merger of the properties, abandonment, or expiration of the stated term.
Maintenance and Repair Obligations
Allocate responsibility for maintaining the easement area, who maintains the road or driveway, who pays for repairs, who is responsible for snow removal, and how costs are shared. Unclear maintenance obligations are one of the most common sources of easement disputes.
Compensation and Consideration
State the consideration for the easement, a lump sum payment, annual payments, reciprocal easement rights, or other valuable consideration. Even nominal consideration should be stated to support enforceability.
Easement Agreement Legal Requirements
Easements must be in writing to satisfy the Statute of Frauds, signed by the owner of the servient property (the grantor)
Recording with the county recorder provides constructive notice to subsequent purchasers and ensures the easement survives property transfers
The legal description of the easement area must be sufficiently precise to identify the location and boundaries on the ground
Conservation easements must comply with IRC Section 170(h) requirements to qualify for federal tax deductions
Easements granted by entities (corporations, LLCs, trusts) require authorization from the appropriate governing body
Common Easement Agreement Mistakes to Avoid
Failing to record the easement with the county recorder, which can allow a subsequent purchaser of the servient property to take free of the easement
Using vague descriptions of the easement area instead of precise legal descriptions and survey-based boundaries
Not clearly defining the permitted scope of use, which leads to disputes about whether specific activities are covered by the easement
Omitting maintenance and repair allocation, which is the most frequent source of litigation between easement holders and property owners
Granting a broader easement than necessary, which unnecessarily burdens the servient property and may reduce its value
Not addressing what happens when the properties change ownership, the agreement should specify whether the easement runs with the land or is personal
Frequently Asked Questions About Easement Agreements
What is an easement agreement?
What are the different types of easements?
What is the difference between an easement and a right of way?
How is an easement created?
Does an easement need to be recorded?
Can an easement be terminated?
What is an easement appurtenant?
What is an easement in gross?
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