An easement agreement is a legal document that defines the rights and responsibilities of two parties regarding the use of a particular piece of property. The agreement allows one party to access or use part of the property owned by another party for a specific purpose. Easement agreements are commonly used in real estate transactions, where a property owner grants the right of way to a neighbor or another entity for various reasons.
There are several forms of an easement agreement that property owners can choose from depending on their situation. Below are some of the common forms of an easement agreement.
1. Affirmative Easement
An affirmative easement allows the property owner to use another`s property for a specific purpose. An example of this is when a landowner grants an easement to his neighbor to use a portion of his land for a driveway or to gain access to a public right-of-way.
2. Negative Easement
A negative easement prohibits the property owner from doing something on his property that will interfere with the rights of another property owner. For example, a homeowner may be prohibited from building a structure that would block the view of a neighbor`s property.
3. Appurtenant Easement
An appurtenant easement exists between two adjacent properties, where the owner of one property has the right to use a portion of the other property for a specific purpose. This form of easement agreement typically involves a shared driveway or access to a common area.
4. Easement in Gross
An easement in gross exists between a property owner and a third party. This type of easement agreement allows a third party to use a portion of the property for a specific purpose, without the need for the third party to own neighboring property. An example of this is when a utility company has an easement in gross on a property to install and maintain power lines.
5. Perpetual Easement
A perpetual easement lasts forever and runs with the land. This means that subsequent owners of the property will be bound by the original terms of the easement agreement.
In conclusion, there are different forms of an easement agreement that property owners can choose from depending on their needs. An experienced real estate attorney can help draft an easement agreement that is tailored to the specific needs of the property owner. It is essential that the agreement is in compliance with local laws and regulations, and it is recorded in the county where the property is located to ensure its validity. By having a clear understanding of the various forms of easement agreement, property owners can make informed decisions when granting or acquiring easements.