Easement

An easement in real estate is a legal right that allows one party to use another party’s real property for a specific purpose, without transferring ownership. Easements are commonly used for utilities, shared driveways, access roads, drainage systems and other use related reasons. They can be appurtenant, meaning they benefit a specific property and transfer with the title, or in gross, which benefit an individual or entity rather than a property. Easements can be created by contract when the parties are in agreement on what right and property are going to be granted for use. Depending upon the scope and location of an easement, a survey or other plans may be needed to document an Easement.

Retainer Fee: $1300.00
(Includes $1200.00 cost for document preparation and $100.00 toward recording fees)

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Key Terms in an Easement Deed

  • Grantor – The property owner granting the easement
  • Grantee – The person or entity receiving the easement rights
  • Servient Tenement – The property subject to the easement
  • Dominant Tenement – The property benefiting from the easement (if applicable)
  • Scope of Use – Defines how the easement can be used

Types of Easements

  • Appurtenant Easement – Benefits a specific property and transfers with ownership
  • Easement in Gross – Benefits a specific individual or entity (e.g., utility companies)
  • Prescriptive Easement – Gained through long-term use without the owner’s permission
  • Utility Easement – Allows utility companies to install and maintain infrastructure
  • Access Easement – Grants a right-of-way for travel or entry

Common Uses of Easement Deeds

  • Utility companies installing power lines, water pipes, or communication cables
  • Driveway or road access for otherwise landlocked properties
  • Shared use agreements between neighboring properties
  • Public pathways or trails crossing private land
  • Drainage easements to manage stormwater runoff

How an Easement Deed Works

  • Agreement Between Parties – Property owner (grantor) and user (grantee) negotiate terms
  • Drafting the Easement Deed – Outlines rights, responsibilities, and limitations
  • Legal Execution – Signed and notarized by involved parties
  • Recording the Deed – Filed with the county recorder’s office to make it official
  • Enforcement & Use – The easement is legally binding and can be enforced by court action if necessary

Rights & Responsibilities of Parties

  • Grantor’s Rights
    1. Retains property ownership
    2. Can use the land within the scope of retained rights, as long as it doesn’t interfere with the easement
  • Grantee’s Rights
    1. Uses the easement as per the agreement
    2. Cannot expand use beyond the permitted scope
  • Maintenance
    1. Parties must maintain the easement area as agreed upon

Termination of an Easement

  • Expiration Date – If the easement has a set duration
  • Merger of Properties – If one party buys the other’s property
  • Abandonment – For certain types of easements, if the grantee stops using the easement for a long time
  • Agreement Between Parties – If both grantor and grantee agree to terminate it
  • Court Order – If a legal dispute leads to termination

Services Offered by RELAWDOC

  • Flat fee pricing for peace of mind with a clear, upfront cost
  • Easy online ordering
  • Simple information collection process
  • Consultation to verify information and terms
  • Review by an attorney
  • Coordination of document execution and recording as requested (for additional fees)