A real estate easement agreement grants the usage — but not ownership — of a portion of real property to an individual or entity. Easement agreements can allow the grantee unhindered access to the portion of land for a specific use or for any purposes.
This agreement is entered into on and made effective as of (MM.DD.YYYY) between:
[Grantor.FirstName] [Grantor.LastName] , henceforth referred to as “the Grantor,” who presently resides at [Grantor.StreetAddress] , [Grantor.City] , [Grantor.State] [Grantor.PostalCode]
[Grantee.FirstName] [Grantee.LastName] , henceforth referred to as “the Grantee,” who presently resides at [Grantee.StreetAddress] , [Grantee.City] , [Grantee.State] [Grantee.PostalCode] .
WHEREAS, the Grantor attests that he/she has legal ownership of the property located at (include the property address where the easement will be located), henceforth referred to as “the Property,” which carries the below legal property description:
This portion of the real estate easement agreement is crucial, as it establishes that the grantor truly owns the property to which the grantee is gaining access. The rights to property use may only be conveyed by the owner of the property.
(Here’s where you add the property’s legal description.)
WHEREAS, the Grantee attests that he/she has an interest in acquiring rights related to a portion of said property;
WHEREAS, the Grantor wishes to grant those rights to the Grantee and hereby attests that the Grantor has the right to convey such rights to the Grantee.
NOW, THEREFORE, in consideration of the sum of (the price of the easement), for which this agreement shall act as sufficient receipt, the Grantor and the Grantee hereby enter into this agreement under the following terms:
This section isn’t always included in a real estate easement agreement. Sometimes, rights are conveyed to the grantee for no monetary amount. If this is the case, other obligations might be included.
In receipt of the above mentioned valuable consideration, the Grantor hereby grants to the Grantee an easement, henceforth referred to as “the Easement,” on, over, and across a subsection of the Property as defined below:
(Here’s where you include a legal description for the easement.)
This section of the agreement must be very precise. It details the exact portion of the property, usually by metes and bounds, to which the grantee will have access. Inaccuracies in this section may result in the grantee having unhindered access to portions of the land the grantee does not intend to provide access to.
Sometimes, an “Exhibit A” might be included with the agreement in lieu of the easement’s legal description. An “Exhibit A” clearly defines the portion of property to which access will be granted, usually with a visual depiction for easy reference.
By signing this agreement, the Grantor and the Grantee both attest that the easement set forth within this document shall directly benefit the dominant tenement to the detriment of the servient tenement.
This section is typically only included in an easement appurtenant, the more common type of easement. It declares that the grantee will benefit directly from the easement. The inclusion of this clause typically requires that the grantee’s property be attached to the servient estate (the property where the easement lies).
A different type of easement, and easement in gross, doesn’t require this section, as rights are granted to an individual or entity who has interest in the property but doesn’t require an easement to access their own property. A common example of an easement in gross is an agreement to allow a utility company access to a portion of real property.
The easement described within this agreement shall benefit the Grantee as follows:
(Here’s where you include information about the purpose of the easement.)
This is one of the most important sections of the easement, as it details exactly what the purpose of the easement is. The purpose is essential, as easements can be abandoned if they no longer serve the purpose stated within this section. Overlooking this section or failing to consider how your thoughts about the easement might change in the future may result in the easement lasting longer than anticipated or the land being used for purposes other than what the grantor expected.
By signing this agreement, both the Grantor and the Grantee explicitly agree that the Easement shall be limited as follows:
(Here’s where you include any limitations of the easement.)
Common information included in the limitation section includes what the grantee can use the easement for, when the grantee may use the easement, a declaration of who pays for any construction or upkeep of the easement, and how the grantor can continue to use the easement. For example, the grantor may choose to state that the easement is for utility access between the hours of 9am and 11am only, or that the grantee may only use the easement for the purposes of storing a vehicle and nothing else. Ignoring this section can result in problems down the road and disputes over how the easement is used.
If possible, it’s helpful to consider how and when the easement will be used over a long period of time. For example, it might suit both the grantor and the grantee to allow unrestricted access in the present, but responsibilities and requirements might change due to unforeseen circumstances. Making this section as timeless as possible will help avoid issues down the road.
By signing this agreement, both the Grantor and the Grantee agree that the Easement shall be in effect as of (MM.DD.YYYY) and shall commence for a period of (put the duration of the easement here), after which it shall terminate automatically.
Not all easements have a stated duration or a termination date. Some are agreed to on an indefinite basis but can be terminated by means other than duration. Other common reasons for termination include transfer of property or the grantee willingly giving up the easement.
Should the purposes of the Easement no longer be applicable or the terms of the Easement no longer be possible to uphold, the Grantor and the Grantee, by signing this agreement, hereby attest that the Easement shall automatically terminate at that point in time.
Furthermore, this agreement is entered into by the Grantor and the Grantee with the understanding that the terms set forth within shall be binding on all successors, heirs, and assigns.
By signing this agreement, the Grantor attests that he/she shall not convey the Easement described herein to any other individual, entity, or party and that the Easement shall be exclusive to the Grantee for the duration of the Easement.
This agreement shall not deprive the Grantor of his/her rights associated with the Easement provided they do not interfere with the Grantee’s usage of said Easement, including, but not limited to:
(Here’s where you describe the grantor’s rights.)
This section often describes what the grantor can continue to use the land for, including access and construction.
By signing this agreement, the Grantee assumes the following duties as they pertain to the Easement and the Grantor’s rights:
(Here’s where you describe the grantee’s duties. A few example items have been included. Add or remove items to fit your needs.)
• General upkeep duties including (garbage removal, snow removal, weed control, etc.).
• Only accessing the easement between (list inclusive dates, times, etc.)
• Maintenance and repair of utility systems within the easement boundaries.
• The cost of any such repairs up to (include amount).
This section sets forth the responsibilities of the grantee. Common things to include here include general upkeep of the land, continually allowing access to the easement for the grantor, ensuring that the grantor’s rights as they pertain to the easement are not infringed upon, reciprocal responsibilities set forth in a special kind of easement called a cross easement, repairs of any developments on the land, and payment for any damage to development on the land. This section can also include a commitment to uphold the conditions of the easements, including abiding by timing restraints and access or use limitations.
This is another crucial section of the easement agreement to get exactly right. Easements can be abandoned or legal action can be taken if the grantee fails to uphold their duties.
By signing this agreement, the Grantor and the Grantee affirm that this agreement may be terminated if one of the following conditions are met:
(Here’s where you include any condition that may terminate the agreement.)
This section describes the conditions by which the agreement can be terminated. Common conditions include a written agreement to terminate the easement being signed, termination by the grantee alone, the purpose of the easement is no longer applicable, or the terms becoming impossible to uphold. The termination date or duration might be reiterated in this section as well.
If at any point during the duration of the Easement:
the Grantee fails to uphold his or her duties as described above; OR
the Grantee infringes on the Grantor’s rights as described above; THEN
(here’s where you include consequences of the grantee failing to uphold their end of the agreement).
The consequences of failure to perform are included to protect the grantor in the case of a negligent grantee. They can include a variety of things, including automatic termination of the agreement, monetary penalties, or legal action.
By signing below, the Grantor and the Grantee, as of (MM.DD.YYYY), willingly enter into this agreement and accept the terms contained herein: