Legal Description
A metes-and-bounds or recorded-lot description and parcel identifier that unambiguously locates the property for recording and title search purposes.
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Deed of Preservation Easement and Agreement
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What the Deed of Preservation Easement and Agreement Is
Why a Preservation Easement Matters for Property and Community
Preservation easements protect historic, ecological, or scenic values while retaining private ownership and tax benefits where applicable. They create durable restrictions recorded against title, provide a clear enforcement mechanism, and can support eligibility for conservation tax deductions or local incentives when drafted to meet statutory requirements.
Who Typically Prepares and Signs These Easements
Parties commonly involved include property owners, easement holders (land trusts or public agencies), and closing attorneys or title companies who record the deed.
- Property owners seeking to protect historic or environmental features while retaining title and limited use rights.
- Nonprofit land trusts or municipal preservation agencies accepting and enforcing easements.
- Title companies and closing attorneys responsible for recording and ensuring clear chain of title.
Core Elements Found in a Professional Preservation Easement
Granting Clause
Language by which the owner conveys the easement interest to the holder, describing the interests granted, duration (usually perpetual), and whether rights are exclusive or nonexclusive.
Permitted Uses
A clear list of activities the owner may continue (e.g., residence, agriculture), including any maintenance standards and landscape management requirements.
Prohibited Actions
Specific prohibitions (e.g., subdivision, removal of designated features) with examples and thresholds for what constitutes a violation.
Enforcement Rights
Holder’s inspection rights, notice and cure procedures, remedies (injunctive relief, restoration), and allocation of enforcement costs.
Recording & Successors
Directions that the deed be recorded in county land records and that obligations run with the land, binding subsequent owners and successors in interest.
Step-by-Step: Completing the Easement Deed
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01Prepare Draft: Assemble title info and draft restrictions
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02Holder Review: Holder approves language and monitoring terms
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03Signatures: Owner and holder sign in presence of notary
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04Record: Submit to county recorder for public notice
How to Configure a Digital Workflow for Easement Execution
| Field | Configuration |
|---|---|
| Signer Order | Owner first, holder second |
| Notary Step | Add notarization field with witness options |
| Certificate Delivery | Auto-send executed PDF to all parties |
| Retention | Save final signed copy to secure repository |
Digital Signing and eSubmission Essentials
Use a platform that supports ordered signing, notarization workflows, and a robust audit trail to document intent and attribution.
- Authentication: Email, SMS, or ID verification
- Notary Support: Remote or in-person notarization
- Audit Trail: Timestamped action history
Where to File, Send, or Submit the Executed Deed
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County Recorder: Record original deed for priority
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Title Company: Deliver copy for title update
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Easement Holder: Retain executed copy and monitoring schedule
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Owner: Keep an official recorded copy
Typical Timing and Recording Considerations
Effective Date Selection:
Choose an effective date that aligns with closing or transfer timing.
Recording Promptly:
Record as soon as possible to preserve priority against subsequent interests.
Tax Filings:
If claiming tax benefits, follow IRS substantiation rules and consult IRC §6501(a) timing.
Monitoring Schedule:
Set recurring inspection dates in the agreement to support enforcement.
Title Update:
Ask title company to note the recorded easement on the owner’s policy.
Key Milestones from Draft to Recorded Easement
01
Draft Completion
Finalize language and exhibits before signature.
02
Signatures Obtained
Execute with required notarization and witnesses.
03
Recording Filed
Submit original deed to county recorder.
04
Post-Recording Actions
Distribute recorded copies and update title records.
Common Mistakes to Avoid When Preparing the Easement
- Using vague restriction language that leaves enforcement and interpretation open to dispute and litigation rather than clearly defining prohibited activities.
- Failing to include an adequate legal description or exhibit map, resulting in ambiguous boundaries and potential recording defects.
- Omitting inspection, notice, or cure procedures that the holder needs to enforce the easement or obtain remedies for violations.
- Neglecting to verify local recording and witness requirements prior to execution, which can delay funding or invalidate priority.
Consequences of an Incorrect or Defective Easement
Recording Defect:
Clouded title; corrective documents required
Enforceability Risk:
Holder may lack remedies
Tax Disallowance:
IRS may deny deduction
Costly Litigation:
Legal fees and court costs
Loss of Priority:
Later liens may take precedence
Administrative Fines:
Local penalties for noncompliance
Real-World Examples of Digital Execution for Property Documents
Tim Martin — Martin Properties
Tim Martin used digital signing to execute property-related documents quickly
- Mobile and offline signing enabled completion across locations
- "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."
Brian Fitzgibbons — Optica Ventures LLC
Optica’s team streamlined property closing packets using an eSignature workflow
- Reduced turnaround time and simplified customer experience
- "The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers."
eSignature Pricing and Feature Snapshot for Easement Workflows
| 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 | Varies | Varies | Varies |
| 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 Preservation Easements and eSigning
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Are eSignatures valid for an easement?
Electronic signatures are generally valid under the federal ESIGN Act (15 U.S.C. §7001) and most state UETA statutes; however, recording and local requirements (notary, witness) determine whether a recorded deed must be physical or can be electronically notarized.
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Is notarization always required?
Most jurisdictions require a notary acknowledgement for deeds; remote online notarization is permitted in many states but rules vary. Confirm county recorder and state notary requirements before execution.
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What if the legal description is wrong?
An incorrect legal description can cloud title and require corrective instruments or re-recording; ensure the exact parcel description and exhibit maps are used to avoid costly corrections.
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Can the easement be amended later?
Yes, amendments are possible but typically require the holder’s consent and a recorded amendment instrument; procedure should follow amendment language in the original deed and local recording rules.
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How do I prove enforcement history?
Maintain inspection logs, correspondence, and mitigation records; a documented audit trail showing notices, responses, and restoration steps supports enforcement and tax substantiation.
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How do I revoke or terminate an easement?
Termination options depend on deed language and law: mutual release, express condition, or judicial modification. Revocation is rare for perpetual easements and generally requires recorded agreement and, in some cases, court approval.
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