Jump to Section
An easement agreement is a legal contract allowing someone to use or access another person's commercial or residential property for a specific need and period. It grants a non-possessory interest in the land, meaning the person with the easement does not own the land but has certain rights to use it. In this blog post, we will discuss the concept of easements and understand the primary elements of an easement agreement.
Essential Elements of an Easement Agreement
The essential elements of an easement agreement are as follows:
- Identifying Parties Involved: Identifying parties involved in the easement agreement is essential to avoid confusion. These parties include the grantor, the property owner granting the easement, and the grantee, the individual or entity receiving the easement rights. It is important to provide both parties' full legal names and contact information.
- Describing Easement: A comprehensive description of the easement should be included in the agreement, covering its location, size, and boundaries. This section should incorporate a legal description or a map illustrating the specific area of the property granted for use.
- Stating Purpose and Scope: The purpose for which the easement is granted must be clearly stated in the agreement. Whether for accessing a public road, utility lines, or other specific uses, the agreement should outline the intended scope and limitations of the easement. It ensures the easement purpose remains clear, minimizing potential misunderstandings or conflicts.
- Determining the Rights and Responsibilities: This section should specify the rights and responsibilities of both the grantor and the grantee. It should clearly define the activities the grantee is permitted to carry out within the easement area and any restrictions or limitations the grantor imposes. For instance, if the easement is for utility lines, the grantee may have the right to install and maintain those lines, while the grantor retains the right to access the area for repairs or inspections.
- Addressing Maintenance and Repairs: The agreement should address the responsibility for maintaining and repairing the easement area. It should explicitly state who is accountable for the upkeep, including any structures, fences, or other improvements within the easement. Additionally, the agreement may outline how the costs for maintenance and repairs will be divided between the parties.
- Stating Duration and Termination: The easement agreement should clearly state the easement term, indicating whether it is temporary or perpetual. If the easement has an expiration date, the agreement should outline the process for renewal or termination. In the event of termination, the agreement should address the property restored to its original condition.
- Clarifying Compensation and Consideration: There may be cases where the grantor requires compensation or consideration for granting the easement rights. The agreement should explicitly state the amount or type of compensation, if applicable, and the payment terms and conditions.
- Covering Insurance and Indemnification: The easement agreement should cover insurance requirements to protect both parties. Also, the grantee may need to maintain liability insurance to cover any potential damages or injuries arising from using the easement. Additionally, the agreement should include an indemnification clause, which states that the grantee will hold the grantor harmless from any liabilities or claims associated with the easement.
- Including Dispute Resolution: The easement agreement should include provisions for dispute resolution to avoid potential conflicts. It may involve negotiation, mediation, or arbitration, outlining the specific process to follow in the event of a dispute. By establishing a fair procedure, the parties can seek a resolution without resorting to costly litigation.
Types of Easement Agreements
Easements refer to legal rights given to individuals or entities allowing them to utilize or enter someone else's property for a specific purpose. These rights are established through legal agreements and are important in property law. Familiarizing oneself with the different types of easements is essential for property owners and those seeking access or usage rights. Below are the different kinds of easements, with their characteristics and legal implications.
Positive Easements
Positive easements entail granting the right to use or access another person's property. They can be further grouped into the following subcategories:
- Right-of-Way Easements: Right-of-way easements, also known as easements of way, enable individuals to travel across someone else's property. This type of easement commonly applies to driveways, roads, or pathways providing access to specific areas.
- Support Easements: Support easements grant the right to have a structure on one property supported by the land of an adjoining property. This type of easement is vital for properties where buildings or structures depend on the stability and support provided by the adjacent land.
- Utility Easements: Utility easements allow utility companies, such as water, gas, or electricity providers, to install and maintain necessary infrastructure on a property to provide services. These easements ensure the proper functioning and maintenance of essential utility systems.
Negative Easements
Negative easements restrict or limit specific actions or activities a property owner can undertake. The primary subcategories of negative easements include:
- Easements for Light and Air: This easement prevents a property owner from constructing structures or vegetation that obstruct the passage of light and air to an adjacent property. While this usually benefits the property owner, it can sometimes hinder easy movement and construction rights.
- View Easements: View easements safeguard a property owner's scenic or panoramic view by prohibiting the construction of buildings or structures that obstruct the view. They are commonly utilized in areas with significant natural landscapes.
Prescriptive Easements
Prescriptive easements are established through continuous, uninterrupted use of someone else's property without formal permission. The subcategories of a prescriptive easement include the following:
- Open and Apparent Use: The property owner must be able to see how the property is being used. It should not be done in secret or behind closed doors.
- Continuous Use: The usage must be continuous for a set amount of time, usually several years.
- Adverse Use: The use must be without the property owner's permission and against their interests.
Key Terms for Easement Agreements
- Dominant Property: The property that receives the advantages of an easement, also referred to as the dominant tenement. The dominant property possessor can utilize the easement for a designated purpose.
- Servient Property: This property bears the burden of an easement, also known as the servient tenement. The possessor of the servient property can permit the possessor of the dominant property to utilize the easement.
- Easement Appurtenant: An easement connected to the land and benefits the owner of an adjacent property. It typically remains with the land and remains valid even if the ownership of the property changes.
- Easement in Gross: This easement benefits a specific individual or entity rather than an adjacent property. It does not transfer with the land and usually ends upon the easement holder's death or the entity's dissolution.
- Affirmative Easement: This easement grants the right to carry out specific activities on the servient property, such as crossing the land, installing utilities, or accessing a water source.
Final Thoughts on Easement Agreements
Easement agreements are essential legal instruments determining the rights and restrictions of using another person's property. By clearly documenting the easement provisions, parties can reduce misunderstandings and conflicts. Also, seeking professional legal advice and preparing a comprehensive easement agreement can guarantee a seamless and more secure real estate experience for all parties concerned.
If you want free pricing proposals from vetted lawyers that are 60% less than typical law firms, Click here to get started. By comparing multiple proposals for free, you can save the time and stress of finding a quality lawyer for your business needs.
Meet some of our Easement Agreement Lawyers
Daniel R.
NY Admitted Lawyer 20+ years of experience. Focused on Startups , Entrepreneurs, Entertainers, Producers, Athletes and SMB Companies. I have been a part of numerous startups as Founder, CEO, General Counsel and Deal Executive. I have been through the full life cycle from boot strap to seed investors to large funds-public companies to successful exit. Let me use my experiences help you as you grow your business through these various stages. We saw a market for an on-line platform dedicated to Virtual General Counsel Services to Start Ups and Private Companies.
James M.
Reproductive law attorney focused on reviewing surrogacy contracts and sperm/egg/embryo donation contracts.
Jeffrey K.
I've been a Real Estate attorney for over 25 years. I handle real estate transactions, commercial collections, foreclosures, replevins, landlord tenant issues and small business matter.
Patrick N.
Before attending law school, I had a prior career in business performance reporting. This experience differentiates me from other attorneys. I can readily read, interpret, and synthesize financial reporting. I also have a passion for legal research and writing.
Wendy C.
My legal practice is focused on business transactions like general corporate matters, fundraising, technology contract negotiation, blockchain, crypto or token analysis, and others. I hope to be a good asset to you and looking forward to finding out how I can be of help!
Matthew S.
Attorney with a wide-range of experience
January 11, 2023
Christopher N.
Christopher Nuneviller has practiced in the securities, venture capital, corporate and emerging business sectors, and as a contract-advisor to the federal government, a federal government senior level executive, and as Army Judge Advocate. Like you, he also he is a partner in other business ventures and faces the same pressure to succeed, be profitable, and stay sane, all while making his clients, employees, family and business partners happy. As the managing partner for Philadelphia's MNB Meridian Law, Ltd., his focus is on assisting small and mid-sized businesses grow and thrive. As a business generalist, Christopher provides advice and counsel to businesses, their owners, investors and shareholders on matters ranging from formation, organization, governance, routine and special operations, and growth toward IPO. Christopher is also a former U.S. Army Judge Advocate having served seven years in Washington, D.C. where he gained significant experience with "above the fold" matters of great import and an unhealthy insight into the internal workings of the "beltway" underbelly. Mr. Nuneviller is admitted to practice in the Commonwealth of Pennsylvania, and before the Supreme Court of the United States, the Court of Federal Claims, and the Court of Appeals for the Armed Forces.
Find the best lawyer for your project
Browse Lawyers NowQuick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.
View Trustpilot ReviewHow It Works
Real Estate lawyers by top cities
- Austin Real Estate Lawyers
- Boston Real Estate Lawyers
- Chicago Real Estate Lawyers
- Dallas Real Estate Lawyers
- Denver Real Estate Lawyers
- Houston Real Estate Lawyers
- Los Angeles Real Estate Lawyers
- New York Real Estate Lawyers
- Phoenix Real Estate Lawyers
- San Diego Real Estate Lawyers
- Tampa Real Estate Lawyers
Easement Agreement lawyers by city
- Austin Easement Agreement Lawyers
- Boston Easement Agreement Lawyers
- Chicago Easement Agreement Lawyers
- Dallas Easement Agreement Lawyers
- Denver Easement Agreement Lawyers
- Houston Easement Agreement Lawyers
- Los Angeles Easement Agreement Lawyers
- New York Easement Agreement Lawyers
- Phoenix Easement Agreement Lawyers
- San Diego Easement Agreement Lawyers
- Tampa Easement Agreement Lawyers
Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.
View Trustpilot ReviewI never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.
View Trustpilot ReviewI got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.
View Trustpilot Review