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Easement Deed

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EASEMENT FOR PUBLIC ACCESS AND TRAIL

After recording return to:

City of

Iowa County.

EASEMENT FOR PUBLIC ACCESS AND TRAIL

KNOW ALL MEN BY THESE PRESENTS:

That (herein called “Grantor”), of the County

of State of Iowa, in consideration of the sum of $ to be

paid by the CITY OF IOWA (herein called “City”), and

other good and valuable consideration, the receipt of which is hereby acknowledged by the

Grantor, does hereby sell, grant and convey unto the City of

Iowa, a municipal corporation, perpetual Easements for public access and trail right-of-

way under, over, through, and across the following described real estate:

(legal description)

(hereinafter called “Easement Areas") for access and trail purposes on the surface of said Easement Areas designated above as “Easement for Public Access and trail” in a manner that will permit its free and unobstructed use by pedestrians and non-motorized vehicles for the purpose of obtaining access from one property to another and allow the City the right of access, from time to time, determined by the City.

This Easement shall be subject to the following terms and conditions:

1. ERECTION OF STRUCTURES PROHIBITED: Grantor and its successors and assigns shall not erect any building, structure or fence over or within the Easement Area without obtaining prior written consent of the City.

2. OBSTRUCTIONS PROHIBITED: Grantor and its successors and assigns shall not erect or cause to be placed on the Easement Areas any structure, material, device, thing or matter, or plant or permit to grow any hedge or other vegetative growth which could obstruct, impede, or otherwise interfere with the use of the Easement Area as a trail.

3. CHANGE OF GRADE PROHIBITED: Grantor and its successors and assigns shall not change the grade, elevation, or contour of any part of the Easement Area without obtaining prior written consent of the City.

4. RIGHT OF USE AND ACCESS: The public shall have the privilege of use of the trail, subject to the Ordinances of applicable to the use of public walkways and public streets. The City shall have the right of access from any point on the Easement Area for the purpose of maintenance, repair, replacement, or reconstruction, as determined by the City, to include removal of any obstructions or structures placed or erected in the easement area.

5. MAINTENANCE AND REPAIR: The maintenance of the trail and the Easement Area is the sole responsibility of the Grantor, and its successors and assigns

6. GROUNDWATER HAZARDS STATEMENT: Grantor represents and warrants that there are no known wells, solid waste disposal sites, hazardous wastes, underground storage tanks, or any other similar hazardous conditions adversely affecting the environment as required by Section 558.69 of the Code of Iowa.

Grantor does HEREBY COVENANT with the City that Grantor holds said real estate described in this Easement by title in fee simple; that Grantor has good and lawful authority to convey the same; and said Grantor covenants to WARRANT AND DEFEND the said premises against the lawful claims of all persons whomsoever. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive shares, if any, in and to the interests conveyed by this Easement.

Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to context.

Signed this day of,

(Company or individuals' names)

By:

(Signature of Grantor)

By:

(Second Grantor's Signature, if appropriate).

(Name Typed)

(Name Typed)

(A Notary Public witnesses the signatures and dates, signs, and stamps this document)

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What an Easement Deed Is and when it's used

An Easement Deed is a written instrument that grants, reserves, or transfers a nonpossessory property interest that allows a party to use land owned by someone else for a specific purpose. Typical easements include rights-of-way, utility corridors, access paths, and conservation limitations. The deed records the scope of rights (who may use the easement), the permitted activities, any restrictions, the duration (perpetual or term-limited), and any consideration paid. Recording the Easement Deed establishes public notice and prioritizes the easement against later claims on the same property.

Why a clear, recorded Easement Deed matters

A professionally drafted and recorded Easement Deed protects title priorities, clarifies maintenance and access obligations, reduces future disputes, and preserves intended land uses over time.

Why a clear, recorded Easement Deed matters

Who commonly prepares or signs an Easement Deed

Easement Deeds are used by property owners, developers, utilities, municipalities, and lenders whenever use rights across another parcel must be documented and recorded.

  • Property owners granting access or utility companies acquiring rights-of-way for service lines or pipelines.
  • Municipalities and counties securing public access, drainage, or conservation corridors for infrastructure or public benefit.
  • Lenders or title companies ensuring easement terms are clear before financing or insuring a parcel.

In many transactions a title company, real estate attorney, or land surveyor will assist to confirm the legal description and recording requirements.

Core elements to include in a professional Easement Deed

A complete Easement Deed contains precise descriptions and clauses that define the parties, rights granted, limits, duration, compensation, and recording details to avoid ambiguity and enforce rights.

Parties

Identify grantor(s) and grantee(s) by full legal names and capacities; include corporate signers and authorized officers where applicable.

Legal Description

Use a survey-based legal description or metes-and-bounds text; attach or reference a recorded plat to fix the easement location.

Scope of Use

State precisely what actions are permitted (e.g., ingress/egress, utilities, maintenance) and any prohibited activities.

Duration and Term

Specify whether the easement is perpetual, for a fixed term, or conditioned on future events; include termination mechanics.

Maintenance and Access

Allocate repair and maintenance responsibilities, access schedules, restoration obligations, and dispute-resolution steps.

Recording and Priority

Include a recording clause, consideration recited, and acknowledgement requirements to ensure notice and priority under title records.

Required information typically present in an Easement Deed

Grantor Name: Full legal name
Grantee Name: Full legal name
Property Description: Survey text
Easement Location: Dimensions or map
Effective Date: MM/DD/YYYY
Signatures: All parties signed

Step-by-step: preparing and recording an Easement Deed

Follow this sequence to prepare, execute, and record an Easement Deed with minimal rework and recordability issues.

  • 01
    Obtain survey: Secure a survey or plat locating the easement.
  • 02
    Draft deed: Draft precise legal description and scope.
  • 03
    Review title: Have title company check for conflicts.
  • 04
    Sign and record: Execute, notarize, and submit for recording.

Where an Easement Deed is sent and how it is processed

After execution, the deed is submitted for recording at the county recorder or register of deeds where the servient estate is located; recording creates constructive notice.

  • County Recorder: Submit deed to local recorder.
  • Title Company: Provide copy for title update.
  • Grantee/Grantor Copies: Distribute recorded copies to parties.
  • Surveyor/Engineer: Attach final plat if required.

Digital signing and eRecording considerations

Confirm that electronic execution, notarization, and county eRecording are accepted for your jurisdiction before using an online workflow.

  • eSignature legality: ESIGN and UETA apply
  • eNotary/RON: Check state RON rules
  • eRecording support: County must accept e-recording

When available, use verified eNotary and approved eRecording channels to maintain chain-of-custody, preserve audit trails, and ensure the recorded instrument meets county formatting requirements.

Configuring an online Easement Deed signing workflow

Set up fields, authentication, and routing to match legal and recording requirements before sending the deed for signature.

Field Configuration
Signature Block Placement Add signature, printed name, and title fields for each party.
Notary and Acknowledgment Fields Include notary block and acknowledgement text per state form.
Signer Authentication Method Enable email link plus optional SMS or ID proofing.
Document Attachments and Exhibits Attach survey/plat as embedded exhibit file.

Consequences and common legal risks from defective easement deeds

Unrecorded Easement: Priority loss
Imprecise Description: Boundary disputes
Missing Signatures: Enforceability issues
No Notary: Recording rejection
Undisclosed Encumbrances: Title insurance denial
Improper Authority: Voidable transfer

Common preparatory errors to avoid

  • Using a colloquial or informal property description rather than a survey-based legal description leads to ambiguous boundaries and increased litigation risk.
  • Failing to confirm the grantor's authority or corporate authorization can render the easement voidable and complicate subsequent title searches.
  • Attaching a generic maintenance clause without defining responsibilities or cost sharing often causes disputes between the servient and dominant estate owners.
  • Recording the wrong instrument in the wrong county or missing required exhibits causes rejection and delays in establishing public notice.

Practical examples of typical Easement Deed uses

Two short, real-world scenarios illustrate common easement structures and drafting focus areas.

Utility Corridor Example

A utility company acquires a perpetual easement for underground power lines by recording a deed with precise survey coordinates.

  • The deed limits surface disturbance and requires restoration after installation.
  • The company also agrees to indemnify the landowner for damages and to record maintenance access windows to avoid future title disputes.

Private Access Example

A homeowner grants a neighbor a 20-year easement for driveway access across the rear parcel, described by metes and bounds and a recorded plat.

  • The deed specifies maintenance cost sharing and seasonal vehicle restrictions.
  • The agreement references termination on abandonment and requires both parties to sign a notarized amendment for changes to access or width.

Drafting and execution best practices for Easement Deeds

Adopt these practices to reduce rework, ensure recordability, and protect long-term property interests.

Use a survey or recorded plat
Attach a current survey or recorded plat as an exhibit and reference survey coordinates to avoid ambiguities and ensure the easement occupies the intended location.
Define maintenance and liability clearly
Specify who maintains the easement area, how costs are apportioned, and who is responsible for indemnity to limit future disputes and insurance gaps.
Confirm signatory authority
Require proof of authority for corporate or trustee grantors and include necessary corporate resolutions or powers of attorney in the file to establish enforceability.
Record promptly and confirm indexing
Record the executed deed immediately with the county recorder and obtain the recorder's file number and stamped copy to confirm constructive notice.

Who is authorized to sign an Easement Deed

Property Owner

The record owner of the servient estate signs to grant the easement. If title is held by more than one owner, all owners must execute or provide a recorded assignment; inconsistent signatures risk clouding title and can invalidate the transfer.

Authorized Agent

An agent or attorney-in-fact may sign using a valid power of attorney that expressly authorizes property transfers. The POA must comply with state durable POA requirements and may need its own notarization and recording for acceptance by the recorder or title company.

Frequently asked questions about Easement Deeds

Answers to common questions on execution, recordation, electronic signing, and disputes to help avoid typical pitfalls.


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eSignature vendor comparison for executing and notarizing Easement Deeds

Compare basic eSignature plan attributes relevant to document execution, bulk workflows, HIPAA/BAA availability, and envelope limits when selecting a signing solution for deeds.

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
Envelope Cap No cap 100 envelopes/user/year No cap No cap No cap

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