What is Easement Agreement Drafting?
An easement agreement is a contract between two parties, such as neighbors, who wish to make use of a piece of the landowner’s property for a specific purpose. This could include using it as a driveway.
While the arrangement itself might seem straightforward, there are important things to know when drafting your easement agreement.
Read the rest of this article to explore what information should be included in an easement agreement, how to draft it for accuracy and to prevent disputes, and why you should consider hiring a lawyer for help with the easement agreement drafting process.
What are Key Terms to Include in an Easement Agreement?
To ensure transparency between parties, an easement agreement should include the following essential terms:
- Purpose. This section explains the specific reason for the easement, such as access for utility line installation.
- Location. This specifies the exact area on the property that will be used.
- Rights. The easement holder will have a right to use the area for specific activities, which must be explained in the agreement.
- Maintenance. This section outlines which party is responsible for maintaining and repairing the easement location.
- Duration. How long the agreement will be in effect must be stated, such as if it’s temporary for the fulfillment of a specific task or a permanent arrangement.
What are Tips for Drafting an Easement Agreement?
When writing an easement agreement, you want to pay attention to some important things so that your contract is clear for both parties.
Explain the Type of Easement
There are different easements that could be used. Your agreement should specify if the easement is one of the following:
- Utility easement. This easement allows utility companies to access the property.
- Right-of-way easement. This gives a neighbor the right to enter the property and travel across a portion of it. An example is if the easement is a shared driveway.
- Conservation easement. In this easement, the property owner isn’t allowed to change that portion of land, as a way to protect its natural state.
- Drainage easement. If water has to flow through the easement to avoid issues such as flooding, parties will require this type of easement.
Describe the Easement Area
To prevent disputes between parties, the easement location must be clearly described. For increased clarity, you could include drawings of the property or surveys so that both parties can see exactly where the easement is located. Make sure that the property description matches the survey to prevent confusion.
Negotiate Terms
You should discuss the easement terms with the other party before finalizing your draft. This will ensure you avoid accidental violations and have an arrangement you’re both happy with moving forward.
Include Prohibited Uses
It can help to include information about what activities are allowed as well as which ones are prohibited under the agreement. This will prevent misunderstandings between parties.
For example, for a utilities easement agreement, the property owner might specify that the easement will be used for power utility companies but not for telecommunications facilities.
Provide Maintenance Clarity
The easement agreement’s maintenance clause should specify which party will cover upkeep costs. However, if costs will be shared between parties, the agreement should explain how both parties’ shares will be calculated.
Explain Who’s Allowed to Use the Easement
You can’t assume that only a utility company or neighbor will make use of the easement. Without clarifying who is authorized to access the property, it could result in accidental privacy violations. So, specify in the agreement who the easement is for, such as contractors, a neighbor and their guests, and so on.
How Does a Lawyer Help You with Easement Agreement Drafting?
An easement agreement can be tricky to draft without legal experience, as there could be details you need to include but don’t think about. This is where a qualified lawyer can help you with the easement agreement drafting process.
A lawyer will help you by:
- Confirming both parties’ rights so that there’s no ambiguity which can easily result in misunderstandings.
- Checking that the easement matches the property boundaries and specifications.
- Writing the easement agreement in clear, simple language to prevent misinterpretations.
- Explaining potential risks to you as a property owner, such as how the easement could affect your use of the property or reduce its value.
- Aligning the agreement with all zoning and municipal laws.
- Negotiating with the other party if this is challenging, such as if easement agreement parties are neighbors who struggle to communicate.
- Evaluating if you need to record your easement at your local deeds office for future property owners, such as in the case of a permanent easement. A lawyer can also help you with the process.
If you’ve already written an easement agreement, you should hire a lawyer to review it for you so that it’s accurate and comprehensive.
Where to Find a Lawyer for Easement Agreement Drafting
Although finding a lawyer can sometimes be a stressful situation, it doesn’t have to be if you use an online legal network. This makes it easier to locate lawyers in your location to draft an easement agreement.
ContractsCounsel is one of the largest online legal marketplaces where all lawyers are vetted. They have the experience and expertise to assist you with drafting a clear, legally valid easement agreement.
If you want to hire a lawyer to draft your easement agreement, the process is easy. Follow these steps online:
- Go to the ContractsCounsel marketplace.
- Post your project or request for free. Include a few details of your agreement, such as the type of easement.
- Receive multiple bids from lawyers directly on the platform who can assist you.
- Review lawyer profiles. After receiving bids, you can review the lawyers' profiles according to information provided on the platform, such as their location, client ratings, years of experience, and field of expertise.
- Connect with a lawyer you think is best suited to your requirements and hire them to draft your easement agreement for a flat fee.
