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Deed of Easements

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EASEMENT FOR UTILITIES

For and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid, and other good and valuable considerations, the undersigned, Grantor, do(es) hereby sell, convey, and warrant to a permanent utility easement and right-of-way with the right to erect construct, install, lay and thereafter use, operate inspect, repair, maintain, replace, and rework water lines, water pipe lines, water facilities, manholes, pump stations or other appurtenances thereunto required, over, across and/or under a certain parcel of real property lying and being situated in County, a more accurate description of said property being attached hereto and made a part hereof as though fully copied herein in words and figures and marked Exhibit "A".

It is understood and agreed that this easement and right-of-way shall give and convey to the Grantee herein the right of ingress and egress upon the lands above described for the purpose of constructing, maintaining and repairing the above described water system utility improvements.

It is further understood and agree and agreed that the consideration above mentioned shall be in full settlement of all claims, grants or rights of action accrued, accruing or to accrue to the Grantor herein.

Grantor herein reserves all oil, gas, and other minerals in, on, and under said land.

For the same consideration above mentioned, the Grantor herein does hereby sell, convoy, and warrant to a temporary construction easement over, across, and under the property described in Exhibit “A” attached hereto. The duration of the said temporary construction easement shall be until the completion of the project.

The Grantee covenants that following construction of said water system utility improvements it will return the surface to as near as original condition as possible.

It is further understood and agreed that this instrument constitutes the entire agreement between the Grantor and the Grantee, there being no oral agreements or representations of any kind made between the Grantor and Grantee.

The grant and other provisions herein described shall constitute a covenant running with the land for the benefit of the Grantee, its successors and assigns.

WITNESS THE SIGNATURE of the Grantor on this the day of ,

Name of Grantor

STATE OF

COUNTY OF

PERSONALLY appeared before me, the undersigned authority in and for the jurisdiction aforesaid, the within named who acknowledged that she/he signed and delivered the above and foregoing instrument of writing on the day and year therein mentioned.

GIVEN UNDER MY OFFICIAL SEAL this the day of ,

NOTARY PUBLIC

MY COMMISSION EXPIRES:

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What a Deed of Easements Is and when it applies

A Deed of Easements is a written instrument that creates, transfers, or confirms a nonpossessory interest in land permitting a party to use another party's property for a limited purpose, such as access, utilities, drainage, or pathways. It contains a legal description of the burdened and benefitted parcels, specifies the easement's scope and duration, and typically includes rights, obligations, maintenance duties, and an acknowledgment for recording. In real estate practice this deed is recorded in county land records to preserve priority against later purchasers and to provide public notice of the encumbrance.

Why a clear Deed of Easements matters for property and title

A well-drafted Deed of Easements protects property interests, clarifies permitted uses and responsibilities, and reduces title disputes by making easement scope and duration explicit before recording.

Why a clear Deed of Easements matters for property and title

Who commonly prepares and signs a Deed of Easements

Typical users include property owners, developers, surveyors, municipal agencies, utility companies, and title professionals involved in establishing or modifying access or utility rights.

  • Property owners and developers — Establish or accept permanent or temporary rights affecting parcel use and value.
  • Utility and transportation providers — Create rights for poles, cables, pipelines, and roadway access across private land.
  • Title, escrow, and survey professionals — Verify legal descriptions, prepare plats, and confirm recording to protect chain of title.

Step-by-step: preparing and completing a Deed of Easements

Follow these sequential steps to prepare, execute, and record a Deed of Easements with minimal risk and delay.

  • 01
    Obtain Title Report: Order current title commitment and review easements and encumbrances.
  • 02
    Draft Deed: Prepare deed language, legal description, and clearly define rights and obligations.
  • 03
    Execute with Notary: All signatories sign before a notary; include witnesses if state law requires them.
  • 04
    Record in County: File the deed with the county recorder where the burdened parcel is located.

Where to send, file, and who receives the recorded deed

Sequence the submission to protect priority: record with the county recorder, provide copies to title and escrow, and distribute originals to the parties.

  • County Recorder: Record the original deed in the recorder's office for the county where the property is located.
  • Title / Escrow Agent: Provide a recorded copy to the title company or escrow for closing and insurance updates.
  • Grantor / Grantee: Deliver certified copies to both parties for their records and enforcement.
  • Mortgagee / Lienholders: Notify existing mortgagees if the easement affects priority or encumbers collateral.

Digital signing and technical considerations

Use an eSignature workflow that preserves an audit trail, supports document formats used by title companies, and meets jurisdictional notarization rules.

  • Document Formats: PDF/A or standard PDF for recording compatibility.
  • Signer Authentication: Email, SMS code, or advanced methods like KBA when required.
  • Audit Evidence: Timestamps, IP addresses, and certificate of completion stored with the file.

Typical online setup for executing a Deed of Easements

Configure the signing workflow before sending: choose fields, authentication, and post-signing routing to match title and recording needs.

Field Configuration
Signature Fields Assign signer roles and required signature/date fields.
Authentication Method Select email link or SMS code per signer identity needs.
Notary / Witness Fields Include notary block and witness lines when jurisdiction requires them.
Post-Sign Routing Auto-send signed PDF to recorder, title agent, and parties.

Essential elements to include in a professional Deed of Easements

Include clear, enforceable provisions that align with title records and local recording rules to avoid ambiguity and protect the parties' rights.

Parties Identified

Full legal names and mailing addresses of grantor(s) and grantee(s) so title and notice requirements are satisfied and service of process is unambiguous.

Legal Property Description

Precise lot, block, metes-and-bounds, or recorded plat reference pulled directly from the title or prior deed to ensure accurate parcel identification.

Scope and Purpose

Detailed description of permitted uses (e.g., ingress/egress, utility conduit) with physical limits, access points, and restrictions to limit future disputes.

Duration and Term

Specify whether the easement is perpetual, for a fixed term, or conditional, and include termination or expiration mechanisms if applicable.

Maintenance and Liability

Allocate responsibility for maintenance, repairs, insurance, indemnity, and cost-sharing to avoid operational disputes between servient and dominant estates.

Recording and Notice

Include a recording clause and county recorder reference, and require notice to title/encumbrance holders to preserve priority and public notice.

Supporting attachments and clauses commonly paired with an easement deed

Attach exhibits and clauses that clarify boundaries, technical requirements, and administrative procedures for long-term management of the easement.

Exhibit A: Legal Map

A surveyed plat or map showing the easement corridor and reference points, ensuring field crews and surveyors can locate the easement on the ground.

Schedule of Access Times

For limited use easements, include permitted hours, seasonal restrictions, and emergency access provisions to reduce enforcement ambiguity.

Maintenance Protocol

A detailed maintenance schedule, responsible party contact, and cost allocation formula to reduce later disputes over repairs and upkeep.

Indemnity and Insurance

Insurance minimums, hold harmless clauses, and indemnity obligations to manage risk exposure for both the servient and dominant estates.

Required legal and security details to preserve enforceability

Notary Acknowledgement: Include state-required notary block.
Recorded Reference: Recordation details and book/page or instrument number.
Audit Trail: Timestamped signature record retained.
Tamper Evidence: Signed PDF with checksum/hash.
HIPAA / PII Protection: Redact or protect health data when applicable.
Encryption Standards: TLS 1.2/1.3 in transit; AES-256 at rest.

Consequences of errors or missing steps

Unrecorded Priority: Loses priority against later purchasers.
Ambiguous Scope: Leads to litigation and boundary disputes.
Incorrect Parties: May render easement void or voidable.
Missing Notary: Recorder may reject the instrument.
Improper Witnessing: Violates state execution formalities.
Data Exposure: PII or PHI breaches trigger penalties.

Common drafting and recording mistakes to avoid

  • Using an imprecise legal description or referencing an unrecorded plat, which can misidentify the parcel and invalidate the easement boundaries.
  • Failing to specify maintenance responsibilities and cost allocation, creating disputes over repairs and access long after recording.
  • Neglecting necessary witness or notary formalities required by the county recorder, leading to rejection at filing or challenges at title transfer.
  • Omitting clauses that address future utility relocations or expansion, which can force renegotiation or litigation with successors.

Timing considerations and recommended filing practices

Record promptly and track deadlines for related approvals to protect priority and avoid disputes; some processes require prior municipal or utility approvals.

Recording Promptly:

Record immediately after execution to preserve priority and public notice.

Survey and Title Timing:

Obtain updated survey and title commitment prior to execution to avoid errors.

Municipal Approvals:

Allow weeks for municipal or utility consents when required.

Notary Scheduling:

Coordinate notarization to ensure all signers are present.

Escrow Closing:

Plan recording around escrow closing dates and mortgage payoffs.

Notarization and witness steps for valid execution

Follow these authentication steps exactly to meet state execution standards and ensure the county recorder accepts the instrument.

01

Prepare Original Document

Ensure original signed document is available for notary and recording; duplicates may be rejected.

02

Verify Signer Identity

Notary checks government ID or uses approved credential analysis methods for RON sessions.

03

Sign in Notary Presence

All required signatories sign before the notary at the same time if state requires concurrent acknowledgement.

04

Complete Notary Block

Notary fills statutory acknowledgment or jurat language required by the state.

05

Add Witness Signatures

Where state law requires witnesses, have witnesses sign and print their details in the presence of the notary.

06

Record RON Requirements

For remote notarization, retain audio-video and identity proofing records per state rules.

07

File with Recorder

Submit original acknowledged instrument to the county recorder with required fees and cover sheet.

08

Distribute Recorded Copies

Return recorded copies to title, escrow, and all parties; retain a certified copy for file.

Real-world examples of using eSigned and recorded easement deeds

These short case arcs show how organizations used online signing and recording to manage property rights and workflows.

Martin Properties — Remote closings

Company shifted to online execution for property encumbrances to speed closings and remote deals.

  • Saved staff travel and accelerated turnaround.
  • "I can process and execute all of these documents online with 100% compliance and built-in security. Whether on mobile or working offline, I can get forms back to their necessary parties efficiently." — Tim Martin, Founder, Martin Properties

Xerox — Integration for records

NetSuite integration automated routing of recorded easements into contract records.

  • Reduced manual filing steps and errors.
  • "airSlate SignNow provides us with the flexibility needed to get the right signatures on the right documents, in the right formats, based on our integration with NetSuite." — Kodi-Marie Evans, Director of NetSuite Operations, Xerox

How a recorded Deed of Easements compares to related documents

Compare common document types to choose the correct instrument for granting use rights versus temporary permission or license.

Criteria Deed of Easements Easement Agreement License
Recorded? sometimes
Binding on Successors? often
Typical Duration perpetual or term term-based short-term
Transferable? usually yes depends

Practical tips to ensure a clean, enforceable Deed of Easements

Apply these best practices to avoid delays, recording problems, and title exceptions when creating or modifying easements.

Verify legal descriptions against the title report
Cross-check the deed description with the title commitment and survey; include plat references and precise metes-and-bounds to eliminate ambiguity and reduce title exceptions during closing.
Define maintenance and cost-sharing clearly
Specify which party performs maintenance, frequency, standards, and cost allocation formulas to minimize later disputes and litigation related to upkeep responsibilities.
Confirm execution formalities for the recording county
Check county recorder requirements for notarization, witness counts, and cover sheets; minor deviations can cause rejection or need for re-execution.
Retain originals and certified recorded copies securely
Store originals in a secure physical or certified electronic repository and circulate recorded copies to title insurers, mortgagees, and parties to preserve evidence and chain-of-title continuity.

Typical eSignature vendor comparison for signing Deeds of Easements

Vendor pricing and feature differences can affect workflow choice; compare starting price, free trial, bulk send, audit trail, HIPAA support, and envelope limits.

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 Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions about Deeds of Easements

Answers to common legal and practical questions regarding execution, recording, eSignatures, and post-recording issues.


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