Real Estate Easement Agreement Template

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]​

and

​[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:

(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:

I. Grant of easement

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.)

II. Characteristics and purpose of the easement

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.

The easement described within this agreement shall benefit the Grantee as follows:

(Here’s where you include information about the purpose of the easement.)

III. Easement limitations

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.)

IV. Duration and binding effect of easement

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.

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.

V. Exclusivity of easement

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.

VI. Grantor’s rights

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.)

VII. Grantee’s duties

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).

VIII. Termination

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.)

IX. Failure to perform

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).

Signatures

By signing below, the Grantor and the Grantee, as of (MM.DD.YYYY), willingly enter into this agreement and accept the terms contained herein:

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Notarization

State of [Notary.State]​

County of [Notary.Country]​

I, [Notary.FirstName][Notary.LastName], a notary public in and for the state of [Notary.State], do hereby attest that this legal document was signed (or attested) voluntarily before me on (MM.DD.YYYY) by [Grantor.FirstName][Grantor.LastName] and [Grantee.FirstName][Grantee.LastName], who are either personally known to me or proved to me by photo identification card on the day of (signing day) in (signing month), (signing year).

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Signature

MM / DD / YYYY

My commission expires: (notary commission expiration)

(notary stamp)