Real Estate Property Easement Agreement

What is a real estate easement agreement?

A real estate easement agreement is a legal document that gives someone the right to use a specific part of another person’s real estate property for a defined purpose. The easement contract sample is not about the transfer of ownership over a real estate property from one party to another. Instead, this document provides one party with limited access or usage rights for a third party’s property.

In practice, an easement could have various forms, for example:

• an easement agreement between neighbors about the right to access;
• an easement contract between two farms regarding a shared driveway or utility;
• an easement agreement between two homeowners to share a drainage system.

An easement could be established by virtue of the will, contract, or court order in rare cases.

The parties involved in a real estate easement agreement are a grantor and a grantee. A grantor is a property owner of land, known as a servient estate, on which the easement is established. A grantee is an owner or a tenant of other land, known as a dominant estate, that is being granted the right of the easement.

There are two main types of property easement agreements:

• easement in gross. This is when the right of easement is being granted to a grantee as a person, rather than to their property or land.
• appurtenant easement. This is the type of easement that is being granted for a grantee’s property. It means that if a grantee dies, the right of easement will be automatically transferred to its successors. The same applies for a sale-purchase agreement between a grantee and a third party. Even in the case of a sale, the easement will be transferred.

Why is a real estate easement agreement important?

Having a well-drafted real estate easement agreement form is essential for many reasons:

• Legal Protection. Without a written document, parties’ oral arrangements are vague and unclear. This forms an ideal background for various disputes along the road. A written document reduces significantly the risk of misunderstanding. Even if you have an easement with your friend, family member, or a good old neighbor, lack of a written arrangement could be a problem.
• Scope of Property Access. The main purpose of a real estate easement agreement is to define the portion of a grantor’s property that could be used, along with the purpose of its usage. If needed, the grantor may add additional limitations, including seasonal usage only, frequency of usage, etc.
• Road Map for Both Parties. Even a simple easement agreement template could play a vital role in parties’ relationships. The document sets up a clear framework regarding the parties’ rights and obligations, termination clause, etc.

What should a real estate easement agreement include?

Party details. The text of every property easement agreement must include the full name, address, and contact email of both parties. Apart from that, at the end of the contract, both parties should put their signatures to make a document legally valid and binding.

• Property description. Another key element for a real estate easement agreement form is a servient property description.
• Scope of easement. An easement contract sample must clearly define the purpose of easement establishment and the portion of a servient’s property on which it is being established.
• Responsibilities of each party. This is the list of duties each party should have under the easement agreement. For instance, a grantee undertakes to repair and maintain the part of the property that is subject to the easement. On the other hand, a grantor is obliged to provide a grantee full access to the property within the limits and in accordance with the conditions provided in the original easement contract sample.
• Duration and termination. A property easement agreement could last until a specific date, for a specific period of time, or indefinitely. The exact duration depends on each particular case and the parties’ arrangement. In the case of an easement in gross, the easement automatically expires once a grantee dies. However, this is not the case with an appurtenant easement that is attached to a property of a grantee and survives its death.
• Governing law. This is the law of a state that applies to a contract’s execution, interpretation, and termination. The parties are free to choose any state they wish to. However, the most common option is to choose a state where the property is located.

How to customize a property easement agreement at FasterDraft?

To get a fully customized legal document template, follow the instructions given below:

1. Click the “Create Document” button.
2. Answer simple questions in the form.
3. Select a template’s format—easement agreement form PDF or Word.
4. Make a payment.
5. Download, print, sign, and instantly use the ready-made document.