How to Obtain a Property Easement

This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013.

This article has been viewed 151,157 times.

An easement is a legal right to use property you do not own. A common form of easement is the right to use a driveway which run across your neighbor's property. This kind of easement may sometimes be referred to as a “right of way.” However, you do not have to be a neighboring land owner to get an easement. For example, you might want an easement because someone’s property provides easy access to water. In order to obtain an easement, you need to negotiate with the landowner whose property you want to use. Then, you will need to draft an acceptable legal document and file it with your Recorder of Deeds.

Negotiating for an Easement

• You can look for a survey that has already been performed. This is typically kept at your city or county office. Alternately, you could hire a surveyor to perform a survey. Surveyors can be found in your phone book or by searching online.
• At a minimum, get the legal description of property and try to find the precise boundaries of your property. If you actually own the land you want to use, then you don’t need to obtain an easement.

• You could meet with a real estate agent. Agents probably have more experience understanding the value of land in the area. They might also know how much people usually pay for your type of easement.
• Also ask other people in the community if they have easements. Ask how much they paid for it. You want to know what is considered standard.

• It is usually more productive to negotiate face-to-face. You can read non-verbal cues when you meet in person and respond to those cues.
• If you want to negotiate in person, then you might want to hold off on contacting the owner until you will be around each other. For example, if you both own summer camps, then you might not want to negotiate during the winter. Instead, you could wait until June, when you both open your camps.

• The other side might immediately reject your offer. You should react positively and ask the other party to clarify why he or she is objecting to the offered amount.
• Don’t immediately buckle under pressure and increase your offer. Instead, ask the other side what part of your offer they like. For example, they might agree with the size of the easement but not like the price. By finding out where you agree, you can move forward and tackle the issues you disagree with.

• The duration of the easement. An owner can grant an easement for a limited amount of time or indefinitely. If the owner wants too much money for an indefinite easement, then offer to pay for a 15-year easement. You can always negotiate an extension after 15 years pass.
• The amount of use. You might want an easement to store equipment on someone’s property. For example, you might like to store a fishing boat, tackle, and other gear on someone’s lawn. During negotiations, you could offer to store only the equipment but not the boat.
• Who else can use the easement. You might want to use a driveway to access your own property. If the other party is worried about too many people using the driveway, you could agree to limit the use to you and your immediate family. You will then request that all visitors park out on the road and walk in.

• Make sure you have the money available in your checking account to pay for the easement. You want to execute the agreement as soon as possible.

Creating the Easement by Contract

• If you need help drafting the agreement, then you should contact a lawyer. A qualified land use attorney can help you draft the agreement and make sure that it is recorded properly.
• Even if you don’t want to pay a lawyer to draft the easement, you should have one look over any document you draft yourself. Many lawyers now offer “unbundled” legal services. Under this arrangement, you can hire the lawyer to perform discrete tasks for you, such as looking over your documents and pointing out mistakes.

Open a word processing document. If you want to draft the easement yourself, then you should open a blank word processing document. Set the font to a legible size and style.

• For example, you can begin the document: “This Grant of Easement is made and entered into as of the Fourth day of August, 2016, by and among Michael J. Smith, ‘Grantor’ and Alice K. Jones, ‘Grantee.’”

• For example, you could write: “In consideration of Five Hundred Dollars ($500.00) and other good and valuable consideration from the Grantee, the Grantor hereby grants the following….”

• For example, “Whereas Grantee is building a house and needs access to her property, and Whereas Grantor desires to grant to Grantee an easement over the servient parcel for the uses set forth herein….”

• To describe the servient parcel, you should get the legal description of the property from the property’s deed.
• You could also simply attach the deed to the agreement and reference it. For example, you could state, “Grantor is the owner of certain property located in Cook County, Illinois, which property is more particularly described on Exhibit A attached hereto.”

• You can attach an exhibit of the legal description of your property, just as you did for the servient estate. Call the exhibit of the dominant estate Exhibit B.
• For example, you could type, “Grantee is the owner of certain property also located in Cook County, Illinois, which property is more particularly described on Exhibit B attached hereto.”
• You might not be the neighbor. For example, you might live several towns over but want to purchase the easement to access a lake. In this situation, you do not need to describe your property.

• If you are using the driveway, then simply call it the driveway: “The Grantor grants to Grantee the right to use the driveway on the servient parcel.”
• However, if you are using a certain piece of land, then you might need a surveyor to mark off the metes and bounds.

• For example, you could say, “Grantor grants Grantee the right to use the driveway for entering and exiting Grantee’s property only.”

• Easements can also last until a specified event happens. For example, if you are building your own driveway, then you might want an easement to use your neighbor’s driveway until your own is completed.
• If the easement is to last indefinitely, then state, “The easement is a perpetual easement.”

• If the easement is something which can be transferred when you sell your property, then you need to note that it “runs with the land.” For example, you could state, “The perpetual easement is a covenant intended to run with the land and is appurtenant to the dominant parcel.” This means that when you sell the land, you sell the easement along with it.
• However, the easement might be intended only for your personal use. If you sell your property, then the easement doesn’t get transferred. In this situation, the easement is “in gross.” In this situation, you could write, “The nature of the easement is in gross.”

• For example, you might state, “This easement is nonexclusive and may be accessed by the owner of the servient estate.”

• For example, you could say, “Grantee and Grantor will share in maintaining the driveway, which shall include having it graded at least once a year.”

Executing the Easement Agreement

• You can find notaries at most courthouses, town offices, and large banks. To find the nearest notary, you should visit the website for the American Society of Notaries. [2] X Trustworthy Source American Society of Notaries Non-profit organization providing education, training, and supplies to notaries in the United States. Go to source Enter your zip code on the Locator page.
• If you need to have the agreement notarized, then insert a notary block at the bottom of the page, underneath the signature lines. You can find acceptable notary blocks by searching the Internet.

• Depending on your state law, you may also need the agreement witnessed. Your Recorder of Deeds office should be able to tell you whether witnesses are required.

• You should contact the Recorder of Deeds Office and ask how to record the easement.

• You should staple your copy of the easement agreement to your copy of the deeds. Store in a safe place.

Expert Q&A

Easements can be created through use alone. For example, if you have routinely used a neighbor’s driveway to access your own camp, then you might have created an easement simply through routine use. [3] X Research source You should meet with an attorney to discuss whether an easement has already been created.

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1. ↑https://www.findlaw.com/realestate/land-use-laws/easement-basics.html
2. ↑https://www.asnnotary.org/?form=locator
3. ↑https://www.findlaw.com/realestate/land-use-laws/easement-basics.html

About This Article

This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. This article has been viewed 151,157 times.

An easement is a legal right to use someone else’s land or property, such as the right to use their driveway to access your home. Meet with the owner or call them to discuss your use of their land or property. If you want to use their land for something that’s not a necessity, like storing your equipment there or crossing their land to go fishing, you can offer them money in exchange. You’ll also need to decide the duration of your easement. Once you’ve worked out the details, write a contract and both sign it. Having an attorney will help but it’s not required. After you’ve signed the contract, get it signed by a notary. Then, contact your local recorder of deeds to record your easement. For more tips from our Legal co-author, including how to negotiate a better deal on your easement, read on!

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