Easements extend property-use rights. For example, a neighbor can grant an easement to allow access or a right of way onto his property. Easements are either public (involve a government entity) or private (between businesses or individuals). An easement can be limited in duration, such as by ending after one year.
Identify the date, property and parties. You can start the document with “this easement agreement is made and entered into (date) by (names).” The person granting the easement is the "grantor," while the easement recipient generally is referred to as the "grantee."
Read More: Problems With Easements
Describe the easement-- such as the area and restrictions--and attach an image. Mention the exhibit within the easement. For instance, you could write, “As the owners of ABC property in Anytown, USA, which is described on Exhibit 1 attached hereto.”
Highlight any consideration given in exchange for the easement. If the grantee paid $100, then acknowledge the payment in the document.
Set the document aside for a few hours and subsequently review it to address ambiguous areas. You want the document to clearly describe the easement. If there are sentences or clauses that are unclear, a court might interpret the document differently than you desired.
Sign the easement before a witness and a notary public. Record the deed with the county record office so that anyone who researches the property history will be aware of the easement.
An easement ordinarily is transferred with the property. If you extend an easement to a second party, who then sells the business to a third party, the third party will hold the easement. Consult with an accountant and attorney about specific tax and legal exposure.
Describe all entities using their legal names. For example, if you are granting an easement to Jack E. Smith's business, you should state the grantee as Jack E. Smith d/b/a Jack's Roofing.
Maggie Gebremichael has been a freelance writer since 2002. She speaks Spanish fluently and resides in Texas. When she is not writing articles for eHow.com, Gebremichael loves to travel internationally and learn about different cultures. She obtained an undergraduate degree with a focus on anthropology and business from the University of Texas and enjoys writing about her various interests.