Can an easement be signed electronically?

Yes in most cases. Electronic signatures are enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted; confirm exceptions in your state and whether the recorder accepts electronically signed and notarized documents.

Is notarization always required?

Most jurisdictions require notary acknowledgement for deeds and recorded easements. Verify county recorder rules and notary requirements, and ensure any RON process meets state standards if used.

What if the legal description is wrong?

An incorrect legal description can invalidate or limit the easement; correct the error by recording a corrective instrument prepared and executed according to local recording procedures and legal advice.

How do I revoke or terminate an easement?

Termination depends on terms in the easement (expiration, release, merger). A formal release or termination instrument should be executed, notarized, and recorded to preserve clear title.

Who must sign the easement document?

All grantors listed as owners on title must sign. If an entity signs, an authorized representative should sign with capacity stated. Lender consents may also be required by title or mortgage instruments.

Can I use remote online notarization (RON)?

Possibly — RON rules differ by state. If RON is used, confirm identity proofing, audio-video recording, and retention requirements under the state notary law before relying on that method.

Electronic Signature
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Right of Way Easement

Right of Way Easement

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COMMUNICATION SYSTEMS RIGHT OF WAY EASEMENT

STATE:

COUNTY:

For valuable consideration, the receipt of which is acknowledged, (the “Grantor”), grants to , whose address is , its successors and assigns, a permanent right of way and easement to construct, reconstruct, operate, maintain, alter, replace, and remove communication systems as the Grantee may from time to time require, consisting of underground cables and wires, waveguides, surface testing terminals, conduits, manholes, markers, regeneration huts and other appurtenances on, across, and under a strip of land feet wide; the location of which is in County, , and described as follows:

(Description of Land)

The Grantor further conveys to the Grantee the following rights and powers:

1. A temporary right of way and easement on land owned by Grantor, adjacent to Grantee’s Easement, feet wide parallel and adjacent to the permanent Right of Way Easement granted, to be used during all periods of construction, reconstruction, repair and removal of material and equipment of Grantee.

2. Ingress and egress on and across the lands of the Grantor to and from the temporary and permanent Rights of Way and Easements for the purpose of exercising the aforesaid rights.

3. To clear and keep clear all trees, roots, brush, vines, overhanging limbs, and other obstructions from the surface and subsurface of the permanent Right of Way and Easement and, during construction periods only, the surface and subsurface of the temporary Right of Way and Easement.

4. To place wood or timber cleared from the property of the Grantor on the Right of Way and Easement.

5. To install locking gates in any fence crossing the permanent and temporary Rights of Way and Easement.

Grantor covenants and agrees that no excavation, building, structure, or obstruction will be constructed, erected, built, or permitted on the permanent Right of Way and Easement, and no change will be made by grading or otherwise to the surface or subsurface of the strip and of the ground immediately adjacent to the strip.

Grantor shall have the right to use and enjoy the land occupied by the permanent and temporary Rights of Way and Easements except as provided above, and when the use shall interfere with the rights granted the Grantee.

The Grantee agrees to pay for damage to fences and growing crops arising from the construction and maintenance of the described systems.

The Grantor covenants that Grantor is the fee simple owner of the land and will warrant and defend title to the premises against all claims.

The covenants, rights, terms, conditions, and provisions of this Right of Way and Easement shall extend to and be binding on the heirs, executors, administrators, personal representatives, successors, assigns, lessees, and agents of Grantor and Grantee.

Date:

Grantor

Grantee

(Acknowledgments)

What a Right of Way Easement Is and when it applies

A Right of Way Easement is a legal instrument that grants one party the limited right to pass over, access, or use a portion of another party’s land for a defined purpose, such as access, utilities, ingress/egress, or pipelines. It describes the easement area, the permitted uses, any restrictions, the parties involved, and the duration or conditions for termination. The easement is typically recorded in the county land records to provide notice to future owners and to make the grant enforceable against third parties.

Why a clear Right of Way Easement matters

A recorded, well-drafted Right of Way Easement clarifies access rights, reduces disputes, and preserves property value by documenting scope, maintenance, and liability terms in writing.

Who typically prepares, signs, or needs a Right of Way Easement

Common users include property owners, utilities, municipalities, developers, and legal counsel who manage access and land-use rights.

Property owners protecting title and future transferability of land access
Utility companies securing permanent lines, pipes, or conduit routes
Public agencies and municipalities for roads, sidewalks, and public access

Each party’s priorities differ — owners focus on restrictions and compensation; users focus on access, maintenance, and duration.

Step-by-step: completing a Right of Way Easement

Follow a clear sequence to populate, execute, and record the easement to ensure legal effect and public notice.

01

Gather documents: Collect deed, plat, and survey references before drafting.
02

Draft terms: Define scope, maintenance, indemnity, and duration clearly.
03

Sign and notarize: All grantors must sign before a notary per state rules.
04

Record instrument: File with the county recorder where the property is located.

Essential components to include in a professional Right of Way Easement

A complete easement combines clear technical descriptions, practical terms, and enforceability provisions so parties and third parties can rely on documented rights.

Parties

Full legal names of grantor(s) and grantee(s), including capacity (individual, corporation, municipality) and any representative authority or signatory limits.

Legal Description

A precise parcel description plus bearings, distances, or an attached survey exhibit showing the easement boundaries and reference points.

Purpose and Scope

Specific authorized uses (access, utility, maintenance) including permitted equipment, hours of use if needed, and any exclusionary restrictions.

Duration and Termination

Specify whether the easement is perpetual, for a fixed term, or conditional, and describe events that terminate or modify the easement.

Maintenance and Repairs

Who is responsible for upkeep, surface restoration after work, cost sharing, and access for maintenance personnel or contractors.

Liability and Indemnity

Allocation of liability for injury or property damage, insurance requirements, and defense/indemnification language to manage long-term risk.

Required data elements commonly found in the document

Grantor Name: Full legal name(s)

Grantee Name: Full legal entity name

Parcel ID: Assessor parcel number

Legal Description: Detailed deed description

Effective Date: MM/DD/YYYY

Notary Block: Acknowledgement per state form

Key risks, penalties, and legal consequences of mistakes

Failure to record: Easement may not provide constructive notice to third parties

Incorrect legal description: May render the easement void or subject to reformation

Improper signatory: Unauthorized signer can invalidate the instrument

Missing notarization: Recorder may reject filing; notary requirements are state-specific

Ambiguous scope: Leads to disputes, injunctions, or costly litigation

Unaddressed maintenance: Creates ongoing liability and repair cost disputes

Common mistakes to avoid when preparing the easement

Using a vague boundary description instead of a survey exhibit that ties to recorded monuments
Failing to confirm the recorder’s exact filing format and required cover sheet or recording fee
Not matching grantor names to the recorded deed leading to title objections
Neglecting to specify maintenance responsibilities and access windows for the easement holder

Typical routing, signing, and filing destinations

Easement execution and filing follow a standard path: prepare, execute with required authentication, then deliver to the entity that records land instruments.

County Recorder: Record the executed easement document in the county where the parcel is located
Title Company: Provide a copy to the title insurer for endorsement or policy update
Utility or Municipality: Deliver executed originals to the grantee for operational use and records
Attorney / Escrow: Use counsel or escrow to hold originals and manage recording fees if applicable

Setting up an electronic workflow for completion and signature

Configure the document and signer sequence to match who must sign, notarize, and receive recorded copies.

Field	Configuration
Signer Order	Sequential signing: grantor(s) then grantee
Notary Field	Require notary block and date before final signing
Attach Exhibit	Include survey or plat as locked attachment
Final Distribution	Route recorded copy to both parties and title company

Digital signing considerations and technical compatibility

Confirm the platform supports remote or in-person notarization workflows if your state allows RON, and ensure exported PDFs include an audit trail for recording.

File formats: PDF and DOCX supported; PDF/A recommended for record copies
Authentication: Email, SMS, or stronger KBA depending on state requirements
Integrations: Connectors to cloud storage and title systems simplify records handling

Timing and processing expectations for execution and recording

Plan for execution, notarization, and recording timelines; local practices affect the time from signing to public recording.

Execution to Notarization:

Complete signing and notarization in a single session when possible

Recording Delay:

County processing typically 1–10 business days; heavy counties may take longer

Title Update:

Title company endorsement or policy changes follow recording and can add days

RON Sessions:

If allowed, schedule RON early and retain video and journal as required

Distribution:

Provide recorded copies to all parties promptly after recording

Common eSignature vendor comparison for signing and routing the easement

Vendor pricing and core capabilities for e-signing vary; signNow is listed first per comparison format to show a representative starting point.

	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 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

FAQs and troubleshooting for Right of Way Easement completion

Answers to frequent questions about validity, notarization, recording, corrections, and revocation of easements.

Need help? Contact support

Can an easement be signed electronically?
Yes in most cases. Electronic signatures are enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted; confirm exceptions in your state and whether the recorder accepts electronically signed and notarized documents.
Is notarization always required?
Most jurisdictions require notary acknowledgement for deeds and recorded easements. Verify county recorder rules and notary requirements, and ensure any RON process meets state standards if used.
What if the legal description is wrong?
An incorrect legal description can invalidate or limit the easement; correct the error by recording a corrective instrument prepared and executed according to local recording procedures and legal advice.
How do I revoke or terminate an easement?
Termination depends on terms in the easement (expiration, release, merger). A formal release or termination instrument should be executed, notarized, and recorded to preserve clear title.
Who must sign the easement document?
All grantors listed as owners on title must sign. If an entity signs, an authorized representative should sign with capacity stated. Lender consents may also be required by title or mortgage instruments.
Can I use remote online notarization (RON)?
Possibly — RON rules differ by state. If RON is used, confirm identity proofing, audio-video recording, and retention requirements under the state notary law before relying on that method.

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