An easement agreement lays out how one party can legally access someone else’s property. For example, there may be an easement agreement in places that explains how a power company can access equipment on your land, or your easement explains how a shared driveway or parking lot is to be used by business tenants. Every easement agreement is unique, but every easement agreement should also be highly detailed. If you aren’t very detailed in your easement description, problems can develop between the two parties. Below, we explain why it’s so important to clearly define all aspects of an easement agreement.
The Importance Of A Highly Detailed Easement Agreement
If you’re going to let someone else have access to your property, it’s wise to be very detailed when drafting the easement agreement. Specifying the who, what and why is necessary for an easement, but let’s take a closer look at two examples to explain why being overly detailed can be beneficial for the property owner:
- Easement Agreement #1 - Property owner Bob is in agreement to grant Tim access to the property located at 123 Farmland Drive.
- Easement Agreement #2 - Property owner Bob is in agreement to grant Tim access to the property located at 123 Farmland Drive between the months of August and December for hunting-related activities. Legal access to the property for named activities will be made along the logging road on the western side of the property. The expenses for maintenance or necessary repairs that derive directly from access to the property will be split between Bob and Tim. This agreement will remain in place until January 1, 2035.
While this is a very rudimentary example of what could be outlined in an easement agreement, you can clearly see why the second, more detailed description, is a smarter choice for the property owner. Compared to the first example, it:
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Outlines the specific purpose as to why someone else can legally enter the land.
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Outlines when legal access is allowed.
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Outlines exactly how the property is to be accessed.
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Outlines how any expenses derived from this access will be paid.
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Outlines when the easement ends.
You’re already being generous and allowing someone else to have legal access to your land, don’t let them take advantage of this access because of a poorly worded easement agreement. Have clear and specific terms in the agreement so that there are no surprises or misunderstandings down the road.
Better yet, connect with a title services team to ensure the easement is drafted correctly and with your best interests at heart. We can develop an easement that is perfect for your specific needs. For more information on how we can help you create a detailed easement agreement, or for assistance with another property matter, connect with the team at Commercial Partners today at (612) 337-2470.