An easement is a right in the land of another. The right is often described as the right to use the land of another for a special purpose. An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. An easement is a real property interest, but separate from the legal title of the owner of the underlying land. This form is a generic example that may be referred to when preparing such a form for your particular state.
General Form of Easement Agreement
State:
Multi-State
Control #:
US-00982BG
Format:
Word;
Rich Text
Instant download
Description
Definition and meaning
The General Form of Easement Agreement is a legal document that formalizes the grant of an easement by one party (Grantor) to another (Grantee). An easement allows the Grantee to use a portion of the Grantor's property for a specific purpose while maintaining ownership of the land. This agreement outlines the legal rights and responsibilities associated with the easement.
How to complete a form
To complete the General Form of Easement Agreement, follow these steps:
- Fill in the date of the agreement.
- Identify the Grantor and Grantee, including their names and addresses.
- Provide a legal description of the Grantor's property, referencing the Deed Book.
- Describe the tract of land owned by the Grantee.
- State the purpose of the easement clearly.
- Sign and date the form in the presence of a notary public.
Key components of the form
The General Form of Easement Agreement contains several critical components:
- Date of the agreement.
- Identification of the Grantor and Grantee, including their addresses.
- Legal descriptions of the properties involved.
- Purpose of the easement.
- Witness signatures and notary acknowledgment.
Each component is essential for ensuring the agreement is legally binding and enforceable.
Who should use this form
This form is suitable for individuals or entities seeking to establish a legal easement. Common users include property owners, developers, and companies that require access to another's land for utilities, roads, or other purposes. It is important for both Grantors and Grantees to use this form to clearly define the terms of use and protect their interests.
What to expect during notarization or witnessing
During the notarization process, the Grantor will appear before a notary public. They must provide valid identification and acknowledge that they are signing the General Form of Easement Agreement willingly and voluntarily. The notary will then complete the acknowledgment section, which includes their signature and official seal. This step is crucial as it provides an additional layer of legality to the agreement.
Common mistakes to avoid when using this form
When completing the General Form of Easement Agreement, be aware of the following common pitfalls:
- Failing to provide accurate legal descriptions for both properties.
- Not stating the purpose of the easement clearly.
- Leaving out the notary acknowledgment section.
- Not signing the agreement in front of a notary.
By avoiding these mistakes, you can ensure that your agreement is valid and enforceable.
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FAQ
This deed of easement grants simple rights over the grantor's land in return for a payment made by the grantee to the grantor. It contains optional clauses for a lender to give consent to the grant of the rights.
A property easement is a legal situation in which the title to a specific piece land remains with the landowner, but another person or organization is given the right to use that land for a distinct purpose.
Generally speaking, an easement is a more serious property right; it is the legal right to use someone else's land for a particular purpose. Easements are often recorded at the county clerk's office and encumber your property's title.Here, however, you probably do not need to take the step of granting an easement.
Give the document a simple title: Grant of Easement is sufficient. Identify the parties. You need to explain who the parties are to the agreement. The person granting the easement to his property is the Grantor and the person gaining access to the property is the Grantee.
An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B".
An easement deed allows a party that is not the owner to use a portion of the land. It is a written agreement between two parties that spells out what part of the property is available for access and how it may be used. Since you are granting an easement to your land, you can set any terms and conditions you like.
An easement is a limited right to use another person's land for a stated purpose. Examples of easements include the use of private roads and paths, or the use of a landowner's property to lay railroad tracks or electrical wires.
Nine Essential Property Easement Agreement Considerations. Legal Description of Properties. Depiction of the Easement Area. Covenant Not to Disturb the Use of the Easement. Determination of Maintenance Obligations. Payment of Property Taxes.