How To Create an Easement Agreement Easily

Standardized Legal Documents How To Create an Easement Agreement Easily

Grant Access to Your Property Easily With an Easement Agreement

An easement agreement is a contract that lets somebody use your property for a specific purpose and for a limited time without you giving them ownership.

If you need an easement agreement, you are in the right place. DoNotPay is an expert at creating legal documents and providing contract templates. Our app can help you create an easement agreement that covers your needs.

What Is an Easement Agreement?

An easement agreement is a contract between you—the owner—and another party that allows them to use your property for a defined purpose.

There are several different types of easement agreements:

Agreement TypeExplanation
Private easementThis allows a private individual to use your property or a part of it for something they need. The needs could include:

  • Permission to lay drainage pipes under your property
  • Access to a well on your property to draw water
Utility easementIf a utility company has to run cables or pipes across your land to service other properties, you may need to agree to an easement to give them permission
Prescriptive easementIf your land has been used for access over a long period, you may be subject to a prescriptive easement, meaning that you must continue to grant access for a set period, normally ten or twenty years in most states
Easement by necessityThis is a type of access easement that allows people to cross your property to access another piece of land for a legitimate purpose. Federal law insists that everyone have access to their homes, so your state will recognize this type of easement

An easement agreement may involve payment in exchange for the right of access—particularly in the case of private easements.

What Needs To Be in an Easement Agreement?

An easement agreement does not need to be a complicated document, but it must contain the following:

  1. Names and details of the parties
  2. Description of the property parcels
  3. Definition of the easement area
  4. Explanation of the easement
  5. Fee(s) payable
  6. Summary of the rights granted
  7. Term of the easement
  8. Right of transfer
  9. Definition of exclusivity
  10. Maintenance responsibilities

Names and Details of the Parties

You should note the full names of both parties, together with their addresses and contact details.

Description of the Property Parcels

The parcels of land concerned are defined as:

  • The dominant parcel—the parcel that benefits from the easement
  • The servient parcel—the parcel granting the easement

Each parcel should be described fully to make its boundaries clear and exact. In each case, you can use the description of the parcel on the title deed.

Definition of the Easement Area

You must describe the piece of the servient property as exactly as possible to make it clear which area is subject to the easement.

Explanation of the Easement

The easement should be described clearly, with any limitations or stipulations included. This limits the purposes for which the easement can be used and makes sure the servient property is not abused.

Fee Payable

You can negotiate a fee payable for the granting of the easement. The fee can be a one-off payment or a monthly or annual amount, but this must be set out.

Summary of the Rights Granted

The agreement must say exactly what easement is being granted so that it is clear and unambiguous.

Term of the Easement

An easement can be granted:

  • In perpetuity
  • For a defined period (weeks, months, or years)
  • Until a certain event happens (the death of the grantee or grantor, as an example)

Right of Transfer

This defines whether the easement can be transferred to another party or must be renegotiated if the grantee changes (due to selling their property, transferring it to someone else, or passing away).

Definition of Exclusivity

The agreement should make it clear whether the grantee is the only person allowed to benefit from the easement or other parties may also be included.

Maintenance Responsibilities

The grantor and grantee should agree on who is responsible for maintaining the easement area.

Can You Write an Easement Agreement Yourself?

Many utility companies have easement agreement templates that you can use for utility easements.

Private easement agreements are simple documents that you can write on your own without having to use an expensive lawyer. If you follow our guidelines, your document should cover your needs.

Remember that both parties need to sign the agreement and have it notarized to make it legally binding.

How Can DoNotPay Help You With Legal Documents?

We know that not everybody knows how to write a contract, so we have developed a series of legal documents that you can customize to your requirements.

You can get the document you need by following these steps:

  1. Sign up with DoNotPay
  2. Search for the legal document you need
  3. Fill in the details you need
  4. Wait while we create your document

What Legal Documents Can DoNotPay Offer?

We are growing our range of legal documents all the time. Here are a few examples of what we can offer:

Property:

Personal:

Business:

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