Easment wording example

[ruddyr]

California
We need easement over neighbors land.
We have arrived at a price and have a surveyor's description road/utility access.
I'm now looking for a good example of language for access improvements,maintenance, liability, etc. All the issues that people post here and have got me scared!
Thanks

 

[wolfgang69]

I don't know much about it, but I do know from researching one on my property that it would be well worth your money, time, and effort if you hire a real estate attorney to help write and/or review before you sign on that dotted line. There are a lot of things that seem to go wrong with these agreements that make it "convenient" for everyone.

 

[ruddyr]

That would be the smart thing to do. I am cheap though and trying to get a "freebie"!!
You would think that 90% of what you would want on an easement would be standard:
-who is liable
-who maintains
-surfacing allowed
-structures/landscaoing on the easement (inc gates)
-utilities, pole or underground

 

[ms.magoo]

Easement wording example

I have to agree totally with Wolfgang on this one. You for sure need the guidance of a good RE attorney to draw up a proper easement. If you leave even one open area that allows the grantee or grantor to exploit, then you could find yourself in battling the issue in a court of law. And let me tell you, from my experiences, it ain't cheap !!! But to try an help you out a bit, here's one of the points printed out on my own easement agreement. My Easement Agreement is for a water well an pipeline system, so you'll have to change this wording around to fit your Easement Agreement.
The Grantor will not make, place, erect, contruct, or maintain on the easement area any buildings, structure, foundation, or obstruction whatsoever or plant growth which might interfere with the access to any part of the Easement by the Grantee or with the operation of any water well and pipeline system presently in place on the Easement Area or any substitution thereof. The Grantor will not do or knowingly permit to be done any act or thing which will interfere with or injure any well and pipeline system installed on the Easement Area.
I'm not sure if your lawyer can also add to the end of this point, (or the very end of your written up Easement Agreement) that if the Grantor does in fact do anything against these points as stated above that the offending party will be liable for ALL legal costs in a court of law. (that might make the other party really think twice about going against any points stated on your Easement Agreement. )
Also state on another point that you, your agents, workers, contractors an such can access that Easement Area, at any time, from time to time, by day or by night, upon the Easement Area to do such work an maintainance. (Here again with the guidance of your lawyer, you fill in the blanks of what you want to be able to do on the Easement Agreement pertaining to any kind or type of maintainance you need or want.
These are just some suggestions, as I am just a layman, so this isn't legal advice from some fancy pants lawyer, lol. Plus not to scare you, just remember a Easement Agreement is a written contract an the other party can chose to go against it no matter how well written, an whatever legal problem surfaces, you'll still have to go to a court of law to rectify the legal problem. Did that scare you ???

 

[HomeGuru]

California
We need easement over neighbors land.
We have arrived at a price and have a surveyor's description road/utility access.
I'm now looking for a good example of language for access improvements,maintenance, liability, etc. All the issues that people post here and have got me scared!
Thanks

**A: and rightly so, Protect yourself as best you can by hiring a good RE attorney.

 

[ruddyr]

Thanks all.
Yep, I want to be carefull with this one, since we intend on driving in this way for the next 30yrs or so!
In any case, it will be better than the one that came with the property, (in another location)where we are the middle property. It just says something like;
ingress,egress and utilities over the old logging road of 1987.