What is a Real Estate Easement Agreement?
A Real Estate Easement Agreement is an easy way to give someone temporary or long-term access to your land without transferring ownership. Sometimes limited access is the right choice, but you'll want to make sure all the boundaries are clear. You may have no problem with a neighbor cutting through your land, but what happens when he starts bringing in trucks for a new chicken farm? With a Real Estate Easement Agreement, you can lay out limits to the use, such as allowing pedestrians and cars only. A Real Estate Easement Agreement can be the bridge between homeowner and others interested in using the property.
When to use a Real Estate Easement Agreement:
- You want to use someone else's property, but don't want on the deed.
- You're going to let someone else use your property.
- You want to grant limited, specific access to your property.
REAL ESTATE EASEMENT AGREEMENT
THIS AGREEMENT is made on , by and between of , , , hereinafter ("Grantor"), and of , , , hereinafter ("Grantee").
A. The Grantor is the owner of certain real property commonly known as , , , , and more fully described as follows: , (Servient Estate).
B. The Grantee is the owner of certain real property commonly known as , ("Dominant Estate").
C. The Grantee desires to acquire certain rights in the Servient Estate.
1. Grant of Easement
Grantor hereby grants to Grantee an easement on and across the following-described portion of the Servient Estate: .
2. Character of Easement
It is the intention of the parties that the easement granted
3. Duration and Binding Effect
The easement shall endure years.
4. Purpose of Easement
The easement will benefit the Grantee by .
It is expressly agreed that the easement, rights, and privileges conveyed to Grantee are limited to .
6. Exclusiveness of Easement
The easement, rights, and privileges granted by this easement are exclusive, and Grantor covenants not to convey any other easement or conflicting rights within the area covered by this grant, or nonexclusive, and Grantor reserves and retains the right to convey similar easement and rights to such other persons as Grantor may deem proper.
7. Grantor's Rights
Grantor also retains, reserves, and shall continue to enjoy the use of the surface of the land subject to this easement for any and all purposes that do not interfere with or prevent the use by Grantee of the easement. Grantor's retained rights include, but are not limited to, the right to build and use the surface of the easement for drainage ditches and private streets, roads, driveways, alleys, walks, gardens, lawns, planting or parking areas, and other like uses. The Grantor further reserves the right to dedicate all or any part of the property affected by this easement to any city for use as a public street, road, or alley, if the dedication can be accomplished without extinguishing or otherwise interfering with the rights of Grantee in the easement. If the Grantor or any of Grantor's successors or assigns dedicates all or any part of the property affected by this easement, the Grantee and its successors and assigns shall execute all instruments that may be necessary or appropriate to effectuate the dedications.
8. Grantee's Rights and Duties
Grantee shall have the duty to repair and maintain the property subject to the easement and shall at all times keep the easement property free and open for the benefit of Grantor and any other concurrent user. Grantee shall at all times act so as to safeguard Grantor's property. Grantee shall have the right to keep access to the easement open by removing vegetation and by cutting or trimming trees or vegetation that may encroach on the easement property. Grantee shall have the right to cut and trim trees or shrubbery that may encroach on the easement property. Grantee shall dispose of all cuttings and trimmings by hauling them away from the premises.
This easement may be terminated by written agreement signed by all owners of record and other successors to the respective interests of Grantor and Grantee in the Dominant and Servient Estates. Grantee, his/her heirs, successors, and assigns may execute and record a release of this easement at any time. This easement shall also terminate if the purposes of the easement cease to exist, are abandoned by Grantee, or become impossible to perform.
10. Failure to Perform
Should Grantee fail to perform any covenant, undertaking, or obligation arising under this easement, all rights and privileges granted shall terminate and the provisions of this Agreement creating the easement shall be of no further effect. In such a case, within thirty days of receipt of a written demand from Grantor, Grantee shall execute and record all documents necessary to terminate the easement of record. Should Grantee fail or refuse to record the necessary documents, Grantor shall be entitled to bring an action for the purpose of declaring the easement to be terminated.
11. Entire Agreement
This instrument contains the entire agreement between the parties relating to the rights granted and the obligations assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect. Any modification of this Agreement must be in writing and must be signed by both parties.
12. Attorney's Fees
If legal action is initiated by either party for the purpose of enforcing or interpreting this Agreement, or to compel the recording of a release, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney's fees, and costs.
The parties have executed this agreement on the above mentioned date.