Easement Deed Form
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FAQ
Where land is registered, and an easement is granted by deed, it must be registered over both the land subject to and benefitting from the easement in order to operate at law. If the easement is not registered it will exist as an equitable easement.
Easements are permanent, however they can be extinguished where: There is unity of ownership of the dominant and servient tenements (unity of seisin rule) Express release by deed by the dominant owner. Implied release e.g. abandonment of the easement by non-use for more than 20 years; or Operation of law.
A short form agreement granting an easement interest in real property for the benefit of another parcel of real property. This form of easement agreement is a jurisdictionally neutral multistate template that can be used in all jurisdictions.
An easement may be created in a number of ways. One is by express grant . In this case there may be a Deed of Grant that states the terms of the easement, or the grant may take the form of a clause in a conveyance deed or a transfer deed. An easement may be created of necessity.
A 'deed of easement' is a signed, legal document that grants the right to use another person's land for a specifically stated purpose. The right to do something on your own land which would otherwise amount to a private nuisance can be an easement, for example, actions that give rise to noise.