What is an Easement Agreement Review?
An easement agreement is a legal contract that gives someone the right to use another person’s property for a specific purpose without having to gain ownership of it.
There are various reasons why an easement agreement might be required, such as if the municipality needs access to a water line or a neighbor needs access to a driveway to enter the main road.
Whatever the case, easement agreements need to be clearly structured and defined to prevent costly legal disputes between parties.
Read the rest of this article to explore easement agreements in more detail and learn how to review them for accuracy and legal soundness.
What Does an Easement Agreement Contain?
An easement agreement usually contains key terms for parties to consent to. These include:
- Purpose. The reason for the easement needs to be clearly defined so that there are limits to how the property can be used. The property owner needs to give the other party authorization for the specific purpose.
- Location. This is a clear description of the area on the property where the easement is located, such as a driveway.
- Duration. The easement might be permanent or temporary, such as if it needs to remain in operation during a construction project.
- Maintenance. This section explains which party will cover maintenance and repairs for the easement.
- Compensation. In some agreements, the property owner will charge money for the other party to use their land. If so, compensation must be clearly defined to prevent future misunderstandings.
- Termination. If either party isn’t happy with the agreement, they should be allowed to terminate it. This section will clarify all steps they will need to follow to exit the contract.
What are the Types of Easements?
There are three main types of easements: utility and private easements.
- Utility easement. This is when a utility company is given access to the property owner’s land, such as to run underground pipes. It’s common for these agreements to appear in a property’s deed.
- Private easement. In this type of easement, one private party gets access to the property for a specific purpose. For example, they might want to access a pathway leading to a beach.
- Easement by necessity. This type of easement is when one party is legally required to use a section of the other person’s property, such as to use a driveway for access into their home.
What are Some Easement Issues Property Owners Face?
A property owner can run into some issues when it comes to easements, such as if they’re not fully informed of what their rights or obligations are under the agreement.
This is why it’s important to study the title deed of the property when purchasing it.
Generally, property owners should consider the following aspects of easements:
- Location of the easement on the property.
- Who has the right to use the easement and for what purpose.
- What the easement allows them to do.
It’s also important to check if there are prescriptive easements in property records. These aren’t found in public records but occur as a result of continuous use of the easement (which can be more than 20 years). A party who uses a prescriptive easement might still have a legal standing to it.
How Do You Review an Easement Agreement?
To ensure you cover yourself against unexpected risks or issues, you should carefully scrutinize the easement agreement’s terms.
Consider the Easement Purpose
The agreement must specify exactly what the portion of land will be used for, such as driveway access. Any restrictions must also be specified, such as that property owners aren’t allowed to block off the area or deny the other party access.
Check Location Limits
The precise easement area must be described so that there are no misunderstandings, such as if a neighbor assumes they can use a larger area in your property.
Query Maintenance Duties
You want clarity over which party will pay for any damages or maintenance of the easement. This is something to question after a construction project, for example, to prevent financial issues.
Negotiate with the Other Party
If there’s anything in your easement agreement that you want revised, you should communicate with the other party to find some common ground.
For example, as a property owner, you might want to set times when the easement can be used so that your privacy isn’t violated, but you could grant a larger area as a trade-off. When you compromise, you can ensure the easement agreement suits both your needs.
Do You Need a Lawyer to Review Your Easement Agreement?
In some cases, such as if you’re dealing with a simple easement agreement, you might not need to consult a lawyer for legal guidance. However, if your easement is more complicated or the agreement is misleading, a lawyer will use their expertise to help you review and revise it.
They will:
- Consider the long-term legal property rights. This is important because it’s common for easements to last for decades or longer.
- Confirm both parties’ rights so that you don’t have any uncertainty. This will also prevent you from disputing an invalid claim.
- Ensuring the easement description is aligned with all property specs and boundaries.
- Spotting vague or ambiguous wording that can result in misinterpretations between parties.
- Explaining all risks, such as how the easement might affect your property value.
- Checking that the easement is legally valid and complies with all local zoning and municipal laws.
- Negotiating with the other party if terms are one-sided or unclear.
- Preventing expensive court litigation by discussing terms with the other party on your behalf.
Where to Find a Lawyer for an Easement Agreement Review
Finding a lawyer to provide a comprehensive review of your easement agreement doesn’t have to be a time-consuming or stressful process. On ContractsCounsel, an online legal marketplace where all lawyers are vetted, you can quickly connect with an experienced lawyer who will provide an in-depth review of your document.
You can request a review online by following these steps:
1. Go to the ContractsCounsel marketplace.
2. Post your project or request for free. Include a few details of what you need.
3. Wait to receive multiple bids from lawyers directly on the platform who can assist you.
4. After receiving bids, review the lawyers' profiles according to information provided on the platform, such as their location, client ratings, years of experience, and field of expertise.
5. Connect with a lawyer you think is best suited to your requirements and hire them.
