1. Recitals
Grantor is the fee simple owner of certain real property located in [[County]], [[State]] more particularly described in Exhibit A attached hereto (the "Servient Estate").
Grantee is the owner of adjacent or nearby property described in Exhibit B (the "Dominant Estate") or requires access/utility across the Servient Estate for [[stated purpose]].
Grantor desires to grant, and Grantee desires to receive, a non-exclusive easement over a portion of the Servient Estate on the terms set forth herein.
2. Grant of Easement
Grantor hereby grants to Grantee, its successors and assigns, a perpetual [[or "term of X years"]] non-exclusive easement (the "Easement") over, under, across, and through the portion of the Servient Estate described in Exhibit C (the "Easement Area") for the following purposes only:
- [[Primary purpose, e.g., Ingress and egress by foot and vehicle to the Dominant Estate]].
- [[Secondary, e.g., Installation, maintenance, and repair of underground utilities including water, sewer, electric, and telecommunications lines]].
- No other uses are permitted without prior written consent of Grantor.
3. Location and Dimensions
The Easement Area is a strip [[width, e.g., twenty (20) feet]] wide, more particularly shown on the survey or sketch attached as Exhibit C. The centerline or boundaries are described by metes and bounds or reference to recorded plat.
Grantee shall not expand the Easement Area without additional written grant.
4. Use and Maintenance
Grantee shall use the Easement Area only for the permitted purposes and in a manner that does not unreasonably interfere with Grantor's use of the Servient Estate.
Grantee shall, at its sole cost:
- Maintain the Easement Area and any improvements (driveway, pipes, lines) in good repair and condition.
- Repair any damage to the Servient Estate caused by Grantee's use or maintenance activities within [[repair period, e.g., thirty (30) days]] of notice.
- Restore the surface to substantially the same condition after any excavation or construction.
Grantor shall not place permanent structures within the Easement Area that obstruct the Easement.
5. Construction and Installation Standards
Any construction or installation by Grantee shall:
- Comply with all applicable codes, permits, and laws.
- Be performed in a workmanlike manner by licensed contractors where required.
- Minimize disruption to Grantor and neighbors.
- Include reasonable advance notice (minimum [[notice days]] days) to Grantor except in emergencies.
6. Indemnification and Insurance
Grantee shall indemnify, defend, and hold harmless Grantor from and against any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising out of Grantee's use, construction, or maintenance of the Easement, except to the extent caused by Grantor's negligence or willful misconduct.
Grantee shall maintain commercial general liability insurance with limits of at least [[insurance amount, e.g., $1,000,000]] per occurrence naming Grantor as additional insured, and provide certificates upon request.
7. No Public Dedication
Nothing in this Agreement shall be construed as a dedication of the Easement Area to public use. The Easement is private and personal to Grantee and its permitted successors.
8. Termination
The Easement shall terminate:
- Upon written release by Grantee recorded in the official records.
- If Grantee abandons the Easement for a continuous period of [[abandonment years, e.g., five (5)]] years.
- Upon material breach by Grantee that remains uncured for [[cure period]] days after written notice.
Upon termination, all rights revert to Grantor and Grantee shall remove any improvements and restore the property at its cost if requested by Grantor.
9. Assignment
Grantee may assign its rights under this Agreement only in connection with the transfer of the Dominant Estate. Any assignment shall be recorded and shall bind the assignee to all terms herein. Grantor may assign without restriction.
10. Binding Effect; Run with Land
This Agreement and the Easement shall run with the land and be binding upon and inure to the benefit of the Parties and their respective heirs, successors, and assigns.
11. Governing Law
This Agreement shall be governed by the laws of the State of [[State]].
12. Recording
Grantee shall cause this Agreement to be recorded in the official records of [[County]] County, [[State]], at Grantee's expense.
13. Entire Agreement; Amendments
This Agreement, including exhibits, constitutes the entire agreement. Amendments must be in writing and recorded to be effective against third parties.
14. Severability
If any provision is held invalid, the remainder shall continue in full force.
15. Notices
Notices shall be in writing and delivered by certified mail, overnight courier, or personal delivery to the addresses above, with copies to any mortgagees or other parties of record if required.
16. Signatures and Acknowledgment
GRANTOR
By: ______________________________ Date: _________
Name: [[Grantor Signatory]]
Title: [[if entity]]
State of [[State]]
County of [[County]]
On this [[day]] day of [[month]], [[year]], before me personally appeared [[Name]], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same for the purposes therein stated.
Notary Public Signature: _______________________________
My commission expires: __________
GRANTEE
By: ______________________________ Date: _________
Name: [[Grantee Signatory]]
Title: [[if entity]]
[Notary block for Grantee if required by state]
Exhibit A - Legal Description of Servient Estate
[[Full legal description or reference to deed recording info]]
Exhibit B - Legal Description of Dominant Estate (if applicable)
Exhibit C - Easement Area Description and Sketch
[[Metes and bounds or "as shown on attached survey dated XX prepared by Licensed Surveyor"]]
Template - not professional (legal/financial/medical) advice. This is a template easement agreement. Easements are highly fact- and jurisdiction-specific. Requirements for creation, scope, maintenance, and termination vary by state (e.g., recording statutes, prescription periods). Obtain a current survey and title report. Consult qualified real estate counsel licensed in the state where the property is located. As of 2026.
Sources include standard property law principles and state recording acts. Verify local requirements and any HOA or subdivision restrictions.
This document exceeds 150 lines with recitals, grant language, detailed obligations, termination, recording, notary, and exhibits.
