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Temporary Easement Deed

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AGREEMENT AND CONVEYANCE OF EASEMENT APPURTENANT

STATE OF ALABAMA

COUNTY OF

This Agreement is made and entered into this date by and

between

husband and wife/unmarried/a married person who certifies that the property conveyed hereby constitutes no part of his/her/spouse's

homestead ("Grantor") and

("Grantee").

WHEREAS, Grantor is the record owner of the following described real property situated

in County, Alabama, to-wit:

Real property described in Exhibit A, which is attached hereto and incorporated herein by reference, (“Servient Estate");

WHEREAS, Grantee is the record owner of the following described real property situated

in County, Alabama, to-wit:

Real property described in Exhibit B, which is attached hereto and incorporated herein by reference, (“Dominant Estate").

NOW, THEREFORE, for and in consideration of the sum

of DOLLARS ($), and other good and

valuable considerations paid by the Grantee to the Grantor, and in additional consideration of the

mutual promises contained in this agreement, the receipt and sufficiency whereof are

acknowledged, Grantor does hereby grant, bargain, sell and convey unto Grantee, his/her/their

heirs, successors and assigns, a perpetual, non-exclusive easement, 30 feet in width, for road

purposes, for ingress and egress to and from the real property described above as the “Dominant

Estate", over and across the lands described above as the “Servient Estate", generally along the

course of an existing road which leads from and which runs

generally in a direction, across the “Servient Estate." The easement

hereby granted shall be appurtenant to and running with the land described above as the

"Dominant Estate” and all subdivisions thereof, and any adjoining land subsequently acquired by the Grantee.

The Grantee, his/her/their heirs, successors, and assigns, shall have the right of use of the

30 foot wide easement hereby granted. The Grantee, his/her/their heirs, successors, and assigns

shall be responsible to maintain and to repair any damage caused by their use of the 30 foot wide

easement. The Grantee, his/her/their heirs, successors, and assigns shall compensate Grantor,

his/her/their heirs, successors, and assigns for any damage done to Grantor's property outside the

easement resulting from the Grantee's use, repair or maintenance of the 30 foot wide easement.

Except as to the rights herein granted, the Grantor shall have the full use and control of

the above described real estate known as the "Servient Estate". The Grantor, his/her/their heirs,

successors, and assigns shall also have full use of the road and the easement thereon which is

located on the property described above as the “Servient Estate”.

The Grantee hereby agrees to hold and save the Grantor harmless from any and all claims of third parties arising from Grantee's use of the rights herein granted.

This easement is granted subject to all prior easements or encumbrances of record.

Grantor agrees that, in the event of any partition, subdivision, or transfer of any portion of

the "Dominant Estate” by Grantee, or his/her/their successors or assigns, this easement shall

remain appurtenant to any and all of the subdivided or transferred parcels hereinafter created

from the "Dominant Estate”, and owners of said parcels into which the “Dominant Estate” may

be divided shall have the same rights to use the easement as granted herein.

By the acceptance and recording of this document, the Grantee herein accepts all of the terms of this agreement.

TO HAVE AND TO HOLD the same unto the said Grantee, his/her/their heirs,

successors, and assigns, as hereinabove set out, forever. And the Grantor does hereby covenant

with the Grantee that he/she/they has/have a good and lawful right to sell and convey the easement as aforesaid.

IN WITNESS WHEREOF, I/we have hereunto set my/our hand(s) and seal(s) on this

day of

(SEAL)

(SEAL)

STATE OF ALABAMA

COUNTY OF

I, the undersigned authority, a Notary Public in and for said County, in said State, do

hereby certify that whose name(s) is/are signed to the

foregoing conveyance and who is/are known to me, acknowledged before me on this day, that,

being informed of the contents of the conveyance, he/she/they executed the same voluntarily on

the day the same bears date.

Given under my hand and official seal, this day of

Notary Public

Grantee's Address:

This Instrument was Prepared By:

who makes no representation as to status of title or to matters which would be disclosed by a current survey.

Enter text

What a Temporary Easement Deed Is and When It's Used

A Temporary Easement Deed is a written instrument granting limited, revocable rights to use another party's real property for a defined purpose and fixed period, commonly for construction access, utilities, staging, or inspections. It describes the area affected, scope of permitted activities, start and end dates, conditions for restoration, and any compensation or consideration. The deed is typically executed by the property owner (grantor) in favor of the grantee and may be recorded in the county land records to provide public notice and protect third-party interests.

Why a Clear Temporary Easement Deed Matters

A precise Temporary Easement Deed allocates rights and obligations, limits liability, preserves property value, and simplifies project logistics by documenting duration, permitted uses, restoration duties, and financial terms in one enforceable record.

Why a Clear Temporary Easement Deed Matters

Who Commonly Prepares and Signs These Deeds

In practice, counsel or title professionals often draft and review the deed to confirm scope, recording language, and consistency with other property interests.

  • Property owners and landlords granting access for a fee or restoration obligations.
  • Contractors and subcontractors needing temporary staging, access, or workspace.
  • Utilities and municipalities requiring corridor access for installation or maintenance.

Step-by-Step: Preparing and Executing the Deed

A clear, ordered process reduces errors and speeds recording. Follow these essential steps from draft to final recordation.

  • 01
    Draft: Describe parties, property, scope, term, consideration, and obligations.
  • 02
    Review: Have title counsel or a surveyor confirm the legal description and encumbrances.
  • 03
    Execute: All grantors sign; obtain notarization as required by local practice.
  • 04
    Record: File with the county recorder to give public notice and priority.

How to Configure an Online Completion Workflow

Design a simple digital workflow that collects signatures, optional notarization, and preserves an audit trail for recording and dispute resolution.

Field Configuration
Signature Order Signer sequence: grantor(s) → grantee
Required Fields Legal description, term, effective date, signatures
Authentication Email link or SMS code for signer verification
Audit Capture Timestamp, IP, and certificate of completion

Where the Deed Goes After Execution

After signatures and notarization, the deed is typically recorded in county land records and copies distributed to interested parties; follow local recording requirements.

  • County Recorder: Record instrument to provide public notice and priority.
  • Title Company: Deliver a copy for title file and lien checks.
  • Project File: Retain a signed, dated copy with project documents.
  • Insurer / Lender: Provide copies if required by insurance or financing terms.

Digital Signing and Platform Considerations

Ensure the selected platform preserves a tamper-evident record and provides a certificate of completion for recording and future disputes.

  • Format Support: PDF and DOCX are industry standards.
  • Integrations: Common integrations: CRM, cloud storage, and project management
  • Authentication: Email, SMS, or stronger identity verification

Required Information Checklist

Grantor Name: Exact legal name
Grantee Name: Exact legal name
Legal Description: County-recorded text
Term/Duration: Start and end dates
Purpose: Permitted activities
Consideration: Dollar amount or value

Consequences of Errors or Omissions

Recording Defect: Instrument may be rejected
Name Mismatch: Clouded title or unenforceability
Vague Scope: Disputes over permitted use
Missing Notarization: County may refuse recordation
Unclear Term: Premature or indefinite occupancy
Insurance Gaps: Liability exposure for parties

Common Preparation Pitfalls to Avoid

  • Using a street address instead of a legal description
  • Failing to define permitted hours, locations, or limits of access
  • Omitting restoration or cleanup obligations
  • Not coordinating with existing title exceptions or mortgages

Sample Use Cases

Real-world examples illustrate common drafting features and negotiation points for temporary easements.

Highway Repair Access

A county granted a contractor a 120-day access corridor to repair a bridge

  • Includes daily access hours and restoration bond
  • The deed required immediate recording and a restoration escrow to ensure property restoration upon project completion.

Utility Line Installation

A utility company obtained a 24-month easement for underground cable work

  • Payment plus temporary surface restoration obligations
  • The deed specified subsurface limits, indemnity, and a requirement to coordinate with the title company before excavation.

Practical Tips for Accurate and Efficient Completion

Apply these best practices to reduce delays, limit disputes, and ensure recordability.

Use a Recorded Legal Description
Copy the exact legal description from the current deed or title report to avoid misidentification during recording.
Define Permitted Activities
List specific uses, equipment, and times to prevent disagreements and unpermitted occupation.
Address Restoration and Security
Include restoration timelines, inspections, and security deposits or bonds to ensure property return to pre-easement condition.
Coordinate Recording
Confirm county requirements for margins, signature format, and recording fees before submission.

Typical Timelines and Recording Expectations

Understanding typical timing helps plan execution, recording, and commencement of use under the easement.

Draft and Review:

3–14 days depending on complexity and counsel availability

Execution and Notarization:

Same day if signers available; allow scheduling time for notarization

Recording Processing:

1–10 business days by county recorder (varies by county)

Start of Use:

Per effective date in deed or upon recording if required

Restoration Completion:

Per deed schedule; confirm inspection and acceptance steps

eSignature Vendor Pricing and Feature Comparison

Common eSignature plans and feature lines to consider when executing and managing Temporary Easement Deeds electronically; signNow is listed first for comparison.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial No No Yes, limited Yes, limited
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently Asked Questions and Practical Answers

Answers to common questions about electronic execution, recording, and the enforceability of Temporary Easement Deeds.


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