Can an easement be signed electronically?

Yes in most cases under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted; exceptions depend on state law and whether notarization is required, so confirm local rules before relying on an electronic-only execution.

When is notarization required?

Most states require a notary acknowledgement for deeds and easement instruments to be accepted for recording. Some states also require witnesses; check county recorder and state notary statutes for exact requirements.

Are remote online notarizations (RON) accepted for recording?

Many states permit RON subject to identity-proofing and recording of audio-video; confirm state RON statutes and county recorder acceptance before using RON for easement documents.

What if the legal description is wrong?

An inaccurate legal description can prevent recording, create title exceptions, or lead to boundary litigation. Corrective instruments or affidavits may be required and can incur additional fees and delay.

How do I ensure priority over later claims?

Record the easement promptly with the county recorder and include proper indexing information. Priority is generally governed by recording date and compliance with local recording requirements.

Who should review the draft before signing?

At minimum, have counsel and title examiner review the instrument. If a lender, HOA, or municipality has an interest, obtain their approvals in writing to avoid later liens or objections.

Electronic Signature
Templates
Miscellaneous
Property Easement Draft

Property Easement Draft

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

PROPERTY EASEMENT DRAFT

This Property Easement (the "Easement") is made between Grantor: and Grantee: .

WHEREAS

WHEREAS, Grantor is the owner in fee simple of certain real property located at (the "Servient Estate"); and

WHEREAS, Grantee requires a recorded easement for the limited purpose of over, across, under, and through a portion of the Servient Estate described below; and

WHEREAS, Grantor agrees to grant and Grantee agrees to accept such easement subject to the terms and conditions set forth herein.

GRANT OF EASEMENT

Grantor hereby grants and conveys to Grantee, its successors and assigns, a non-exclusive (select all that apply) Type: Perpetual Temporary Exclusive easement over, across, under and through that portion of the Servient Estate more particularly described as:

Legal Description of Easement Area

PURPOSE AND SCOPE

The easement is granted for the following permitted uses: . The scope includes those activities reasonably necessary for the installation, operation, maintenance, replacement and removal of facilities related to the permitted uses.

Scope of Work (describe expected work, equipment, hours, and restoration obligations)

PAYMENT TERMS

In consideration for this Easement, Grantee shall pay Grantor the sum of payable as follows: .

If any payment is not received within days of its due date, interest shall accrue at the rate of (or the maximum lawful rate), and Grantee shall be responsible for reasonable collection costs.

TERM AND TERMINATION

Term: This Easement shall commence on and shall continue until unless earlier terminated in accordance with this section. If Perpetual was selected above, this Easement is intended to be perpetual.

Termination: Either party may terminate this Easement for material breach upon days' written notice and failure to cure within the notice period. Termination shall not relieve any party of obligations incurred prior to the effective date of termination.

MAINTENANCE, ACCESS, AND RESTORATION

Grantee shall, at its expense, maintain any improvements placed within the easement area in good condition, shall repair any damage caused by its activities, and shall restore disturbed areas to substantially the same condition as existed prior to activity, reasonable wear and tear excepted.

CONFIDENTIALITY

For purposes of this Easement, "Confidential Information" means non-public financial, technical or business information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential. Grantee and Grantor shall hold Confidential Information in strict confidence, shall not disclose it to third parties except to their respective employees, contractors or advisors who have a need to know and are bound by confidentiality obligations at least as protective as those herein, and shall use the Confidential Information only to perform obligations under this Easement. Confidential Information does not include information that: (i) is or becomes generally known through no breach of this Easement; (ii) was already known by the recipient without restriction; (iii) is lawfully obtained from a third party without breach; or (iv) is independently developed. The parties acknowledge that a breach may cause irreparable harm and that injunctive relief is an appropriate remedy in addition to other available remedies.

INDEMNIFICATION

Each party shall indemnify, defend and hold harmless the other party, its officers, directors, agents and employees from and against any claims, liabilities, damages, losses and expenses (including reasonable attorneys' fees) arising out of the indemnifying party's negligence, willful misconduct or breach of this Easement in connection with activities on the easement area.

NOTICES

All notices required or permitted under this Easement shall be in writing and delivered to the addresses below by hand delivery, certified mail (return receipt requested), or nationally recognized overnight courier:

Grantor Notice Address Grantee Notice Address

RECORDING AND BINDING EFFECT; TITLE

This Easement shall be recorded in the official records of the county in which the Servient Estate is located and shall run with the land and be binding upon and inure to the benefit of the parties and their respective successors and assigns. Grantor represents that it holds good and marketable title to the Servient Estate and has authority to grant the easement herein.

GOVERNING LAW

This Easement shall be governed by and construed in accordance with the laws of the State of , without regard to principles of conflicts of law.

ENTIRE AGREEMENT

This Easement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, both written and oral, between the parties relating to such subject matter. Any amendment or modification to this Easement must be in writing and signed by both parties.

MISCELLANEOUS PROVISIONS

Severability: If any provision of this Easement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Waiver: No failure or delay by either party in exercising any right shall operate as a waiver of that right.

Additional Provisions / Notes

Grantor

Printed Name:

By:

Date:

Grantee

Printed Name:

By:

Date:

What a Property Easement Draft Covers

A Property Easement Draft is a written instrument that creates, modifies, or records an easement — a legal right to use another party's land for a specific purpose such as access, utilities, or drainage. The draft typically describes the parties, a precise legal description of the burdened and benefited parcels, the scope of permitted uses, duration, maintenance responsibilities, and recording instructions. Properly prepared easement instruments are notarized and recorded with the county recorder to protect the interest against later purchasers and to establish clear title and access rights.

Why a Clear, Complete Easement Draft Matters

A professionally drafted easement reduces title disputes, prevents ambiguity about permitted uses, and preserves marketable title. It clarifies maintenance, assigns liability, and defines duration and termination conditions to avoid future litigation.

Who Typically Prepares and Uses an Easement Draft

Each participant has distinct responsibilities: drafters confirm legal descriptions, signers verify authority, and recorders ensure proper recording to protect priorities.

Property owners and grantors preparing to grant access or utility rights to a neighbor or municipality.
Title companies and closing attorneys reviewing language for recording and title insurance requirements.
Municipalities, utilities, and developers procuring rights-of-way or shared-access agreements.

Key Signatories and Their Roles

Owner / Grantor

The property owner conveying the easement must have authority to encumber the parcel and should confirm the legal description and title status. Grantors often sign with acknowledgment before a notary; failure to match recorded name to title can delay recording or impair enforceability.

Easement Holder

The beneficiary (neighbor, utility, municipality) accepts the easement terms and may be required to countersign. Easement holders should confirm permitted uses, maintenance obligations, and duration before recording to ensure the instrument meets operational needs.

Essential Parts of a Professional Easement Draft

A complete easement instrument organizes legal and practical items so the right is enforceable, discoverable in title searches, and clear to future owners.

Parties

Full legal names for grantor(s) and grantee(s), specifying entity type when applicable (individual, corporation, LLC) and the signer’s authority to bind the entity.

Legal Description

Metes-and-bounds or recorded parcel reference identifying the servient and dominant estates precisely to avoid ambiguity during recording and title search.

Scope of Use

Detailed permitted activities (access, utilities, drainage), physical limits (width, location), and prohibited uses to reduce future disputes.

Duration and Termination

Fixed term, perpetual status, or termination triggers including abandonment, merger of title, or recorded release procedures.

Maintenance and Liability

Allocation of repair, upkeep, indemnification, and insurance responsibilities among parties to clarify ongoing obligations.

Recording and Notices

Instructions for recording, county recorder reference, and notice provisions including addresses for delivery and effective date upon recordation.

Step-by-Step: Preparing and Executing an Easement Draft

Follow these sequential steps to draft, approve, and record an easement while preserving title priorities and clarity for all parties.

01

Drafting: Collect legal descriptions and define scope precisely.
02

Review: Have title and counsel confirm wording and exceptions.
03

Execution: Sign before a notary and witnesses if required.
04

Recording: File with the county recorder to protect priority.

How Easement Execution and Recording Flow

This process outline shows common routing steps from draft to recorded instrument and the key checkpoints that protect priorities.

Prepare Draft: Assemble parties, legal description, and terms.
Obtain Approvals: Secure title, lender, and municipal consents as needed.
Sign & Notarize: Execute with required notarization and witnessing.
Record & Distribute: Record the instrument and provide copies to parties.

Customizing an Online Workflow for Easement Documents

Configure a digital workflow that preserves audit trails, collects notarizations where supported, and automates distribution to title and parties.

Field	Configuration
Signer Order	Sequential: grantor then grantee then notary
Authentication	Email plus SMS OTP for higher assurance
Notary Integration	Enable RON where legally supported
Recording Package	Include cover letter, check for fees, and formatted PDF

Digital Signing and eSubmission Requirements

When using remote notarization, confirm the platform meets state RON rules, records audio-video, and produces a tamper-evident PDF for recording.

File Types: PDF/A and DOCX support
Integrations: Connectors to title systems and cloud storage
Security: TLS 1.2/1.3 and AES-256 at rest

Supporting Documents to Attach to an Easement Draft

Include companion documents that title examiners and recorders expect to see; they reduce follow-up requests and recording rejections.

Legal Description

Attach the exact metes-and-bounds description or recorded instrument reference; ambiguity here is the most common cause of recording delays or corrected deeds.

ALTA/Survey

A current survey or ALTA map showing the easement location helps avoid disputes and satisfies lenders during title review.

Title Commitment

Provide a title commitment or title report excerpt showing current vesting and exceptions; lenders often require this before accepting an easement.

Corporate Resolution

If an entity signs, include a resolution or officer certification confirming signing authority to prevent later challenges to validity.

Practical Tips for Accurate Easement Drafting and Recording

Adopt consistent drafting and review practices that reduce errors, speed recording, and protect title priorities.

Use precise legal descriptions

Verify metes-and-bounds against a recorded deed or survey. Inaccurate descriptions are the root cause of most boundary disputes and recording rejections.

Confirm signer authority and names

Match signatory names to title records or entity documents. For entities, attach a corporate resolution or officer affidavit to prove authority.

Plan for recording logistics

Determine county-specific cover sheets, fee amounts, page charges, and required originals so recording is accepted on first submission.

Preserve an audit trail

When using electronic tools, retain the signed PDF, certificate of completion, and notarization recording (if RON) to demonstrate chain of custody.

Common Mistakes to Avoid When Preparing an Easement Draft

Using a street address instead of a recorded legal description, which can lead to recording rejection or ambiguous enforcement.
Failing to obtain lender or HOA consent where required, resulting in title exceptions or future disputes over enforceability.
Omitting termination conditions or abandonment procedures, leaving uncertainty about when the easement ends.
Neglecting to coordinate notarization and witness requirements with the county recorder, causing processing delays.

Risks and Consequences of an Incorrect Easement Draft

Unrecorded Interest: Easement may be unenforceable against third parties

Title Exceptions: Lender refusals or title insurance exclusions

Boundary Disputes: Neighbor litigation over location and use

Liability Exposure: Unclear maintenance obligations increase risk

Recording Rejection: Clerical errors can cause re-submission delays

Fraud Risk: Improper signatures or forged documents risk invalidation

eSignature Vendor Comparison for Easement Documents

Comparison of entry-level pricing and selected capabilities. signNow is listed first per vendor convention; verify enterprise terms with each provider.

	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	Yes, 7-day trial	Varies	Varies	Varies	Varies
Bulk Send	Yes (Business Premium)	Varies	Varies	Varies	Varies
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies	Varies	Varies

FAQs and Troubleshooting for Property Easement Drafts

Answers to common execution, recording, and e-signature questions for easement instruments.

Need help? Contact support

Can an easement be signed electronically?
Yes in most cases under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted; exceptions depend on state law and whether notarization is required, so confirm local rules before relying on an electronic-only execution.
When is notarization required?
Most states require a notary acknowledgement for deeds and easement instruments to be accepted for recording. Some states also require witnesses; check county recorder and state notary statutes for exact requirements.
Are remote online notarizations (RON) accepted for recording?
Many states permit RON subject to identity-proofing and recording of audio-video; confirm state RON statutes and county recorder acceptance before using RON for easement documents.
What if the legal description is wrong?
An inaccurate legal description can prevent recording, create title exceptions, or lead to boundary litigation. Corrective instruments or affidavits may be required and can incur additional fees and delay.
How do I ensure priority over later claims?
Record the easement promptly with the county recorder and include proper indexing information. Priority is generally governed by recording date and compliance with local recording requirements.
Who should review the draft before signing?
At minimum, have counsel and title examiner review the instrument. If a lender, HOA, or municipality has an interest, obtain their approvals in writing to avoid later liens or objections.

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