How to Draft Easements

What is an easement? The classical definition of an easement is “a nonpossessory interest in the land of another that entitles the holder to use the land for a particular purpose.” Most easement agreements create relationships that the parties want to last indefinitely, i.e., forever, or until the easement itself becomes obsolete a century or two later. Keep in mind when you draft an easement agreement that a hundred years later the owners of the properties tied to the agreement may dispute what it means, when the original parties will not be available to explain what they meant.Table of ContentsWhat Is an Easement?Basic Easement TheoryEasements in GrossGeneral Drafting Principles for Appurtenant EasementsDriveway and Access EasementsAppurtenant Utility EasementsParty Walls and FencesView EasementsEncroachment EasementsRelocation Rights and WrongsTen Ways to Misdraft Your Easement Agreement Read more