Real Estate Easement Agreement Template

This Real Estate Easement Agreement is made on [Date] by and between:

Grantor / Property Owner: [Full Name]
Address: [Address]

Grantee / Easement Holder: [Full Name or Entity Name]
Address: [Address]

1. Property Information

Grantor Property Address: [Property Address]
Legal Description: [Insert legal description]

Affected Easement Area:

[Describe the portion of the property subject to the easement]

2. Easement Purpose

The Grantor grants to the Grantee a non-exclusive easement over the above-described area for the following purpose:

[Driveway access / pedestrian access / utility installation / drainage / other]

The easement may be used only for the purpose stated in this Agreement unless the parties agree otherwise in writing.

3. Permitted Use

The Grantee may use the easement area for the following:

[Describe permitted use]

The Grantee may not use the easement area in a way that unreasonably interferes with the Grantor’s ownership or use of the property.

4. Restrictions

The following restrictions apply to the easement:

[No parking / no obstruction / no expansion without consent / no commercial use / other]

Any work outside the defined easement area requires the Grantor’s prior written consent.

5. Maintenance and Repairs

Responsibility for maintaining or repairing the easement area shall be as follows:

[Grantor / Grantee / Shared responsibility]

Maintenance includes:

[Surface upkeep / debris removal / utility repairs / drainage maintenance / other]

6. Duration

This easement shall be:

☐ perpetual
☐ for a fixed term ending on [Date]
☐ until the occurrence of the following event: [Describe event]

7. Transfer and Future Owners

The parties intend that this easement shall:

☐ run with the land and bind future owners
☐ apply only to the current parties unless otherwise agreed in writing

If the property is sold or transferred, this Agreement shall remain effective to the extent allowed by law and its stated terms.

8. Interference and Damage

Each party agrees not to unreasonably interfere with the other party’s lawful rights under this Agreement.

If damage is caused to the easement area or surrounding property through use of the easement, responsibility for repairs shall be handled as follows:

[Describe responsibility]

9. Governing Law

This Agreement shall be governed by the laws of the state of [State].

10. Signatures

Grantor Signature: __________________________
Name: [Full Name]
Date: [Date]

Grantee Signature: __________________________
Name: [Full Name / Entity Name]
Date: [Date]

11. Notary Acknowledgment

State of [State]
County of [County]

On this [Day] of [Month], [Year], before me, the undersigned notary public, personally appeared [Name of Signer(s)], known to me or satisfactorily proven to be the person(s) whose name(s) are subscribed to this instrument, and acknowledged that they executed the same for the purposes stated herein.

Notary Public Signature: __________________________
Name: [Notary Name]
My Commission Expires: [Date]