Easement Agreement
(Short Form)

Summary

This easement agreement template can be used to grant an easement for purposes such as access, a driveway, drainage or other uses needed for a property that is adjacent to another property. This template contains practical guidance, drafting notes, and alternate and optional clauses. This easement agreement grants a non-possessory right by the owner of one parcel of land for the benefit of the owner of another, adjacent parcel of land (known as an easement appurtenant). A typical example of an easement appurtenant is an easement to provide access to a street for a landlocked property (such as a driveway easement). The easement created by this agreement runs with the land, which means if the property that has the benefit of the easement is sold or transferred, the easement over the property burdened by the easement is automatically transferred with it. The easement agreement should be recorded in the property records where the real property is located to put third parties on notice of the rights granted. This template is non-jurisdictional and should be reviewed by local counsel in the jurisdiction where the property is located. For further guidance on easements, see Easement Agreement Basics, Powell on Real Property § 34.12, and 7 Thompson on Real Property, Thomas Editions §§ 60.02–60.04. For guidance on recording real property documents, see Recording Real Property Documents. For a full listing of Practical Guidance content relating to due diligence for commercial real estate financing, see Commercial Real Estate Financing Due Diligence Resource Kit.