What makes an exhibit recordable?

A recordable exhibit contains an accurate legal description, a clear diagram or survey, required signatures and notarization, and proper referencing to the main instrument so a county recorder can index it.

Can an easement exhibit be signed electronically?

Yes in most U.S. jurisdictions if the platform meets ESIGN and UETA standards and produces a tamper-evident signed PDF; verify notarization and witness rules which may require RON or in-person notarization.

When is a survey required?

A certified survey or plat is recommended whenever precise location matters; many title companies will require a survey to remove exceptions or to insure the easement.

What if the recorder rejects the exhibit?

Obtain the recorder's rejection memo, correct the identified deficiency (name, acknowledgment, attachment), and re-record. Corrections may require affidavits or re-execution.

Do witnesses need to sign?

Witness requirements vary by state and instrument type; check local statute or recorder guidance and include witness lines where required.

How long should I retain recorded exhibits?

Keep originals for the full easement term plus several years; retain digital signed copies and attachments per federal and industry retention periods.

Electronic Signature
Templates
Miscellaneous
Property Easement Exhibits

Property Easement Exhibits

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PROPERTY EASEMENT EXHIBITS

This Property Easement Exhibits Agreement (the Agreement) is entered into as of Effective Date: by and between Grantor Name: (Grantor) and Grantee Name: (Grantee).

WHEREAS

WHEREAS, Grantor is the fee simple owner of certain real property located at Address: and legally described in Exhibit A attached hereto; and

WHEREAS, Grantor desires to grant to Grantee, and Grantee desires to accept, an easement for the purposes, dimensions, and uses set forth in this Agreement and in the attached Exhibits; and

WHEREAS, the parties intend that the attached exhibits (including but not limited to Exhibit A — Legal Description, Exhibit B — Survey Sketch, and Exhibit C — Maintenance Plan) form an integral part of this Agreement and define the precise location, scope, and limitations of the easement.

Scope of Work (Scope of Easement & Exhibits)

The Easement shall consist of the rights, restrictions, and duties described in the following exhibits and summary. The exact location, dimensions, and permitted uses of the Easement are delineated in the exhibits which are incorporated herein by reference.

Scope of Work / Easement Description Exhibit A — Legal Description Exhibit B — Survey / Sketch Exhibit C — Maintenance Plan

Payment Terms

In consideration for the grant of the Easement, Grantee shall pay Grantor the sum and follow the payment schedule specified below. All payments are non-refundable except as expressly provided in this Agreement.

Consideration Amount Payment Schedule Late Fee / Interest on Delinquent Amounts

Term and Termination

The term of this Easement shall commence on Start Date: and shall continue until End Date: unless earlier terminated in accordance with this Agreement.

Perpetual Easement: (Check if easement is perpetual)

Notice Period for Termination

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure the breach within the notice period set forth above. Termination shall not affect rights accrued prior to termination.

Confidentiality

Each party shall maintain in confidence all non-public terms of this Agreement and any non-public information disclosed in connection with the negotiation, execution, or performance of this Agreement, except as required by law or necessary to record the easement in the applicable land records.

Governing Law

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

Notices

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses below by certified mail, overnight courier, or personal delivery.

Grantor — Contact Name Grantor — Address

Grantee — Contact Name Grantee — Address

Recording Information

County / Jurisdiction Recorder's Office / Book-Page or Instrument No.

Maintenance, Access, and Use

The parties shall adhere to the maintenance obligations set forth in Exhibit C. Access rights for inspection, construction, repair, and routine maintenance shall be exercised consistent with the terms set forth in the exhibits and shall minimize interference with Grantor's use of the Property.

Maintenance Responsibilities (if not fully specified in Exhibit C)

Shared maintenance obligation: (Check if maintenance costs and responsibilities are shared)

Indemnification

Each party shall indemnify, defend, and hold harmless the other party and its successors and assigns from and against any and all claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) arising out of the indemnifying party's breach of this Agreement or negligent acts or willful misconduct in connection with the use or maintenance of the Easement.

Entire Agreement

This Agreement, together with all Exhibits attached hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written. No amendment or modification shall be effective except by a written instrument signed by both parties.

Miscellaneous Provisions

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. The parties acknowledge that they have had the opportunity to consult counsel and further acknowledge this Agreement is binding upon and inures to the benefit of their respective successors and assigns.

Grantor — Printed Name:

By:

Date:

Grantee — Printed Name:

By:

Date:

What Property Easement Exhibits Are and how they function

Property Easement Exhibits are documentary attachments that describe, map, and legally define easements granted or reserved against real property. They typically include a precise legal description of the burdened and benefited parcels, a diagram or survey excerpt, the purpose and limits of the easement (for example, utility, access, or drainage), and references to the controlling deed or agreement. Properly prepared exhibits are used at recording to provide public notice, to ensure the easement can be located on the ground, and to prevent ambiguity that can lead to boundary disputes or title problems.

Why clear, accurate easement exhibits matter

A precise easement exhibit reduces legal uncertainty, preserves title marketability, and protects the parties' intended rights and obligations.

Common parties who prepare, review, or receive these exhibits

These exhibits are prepared and exchanged by property owners, surveyors, title companies, attorneys and public agencies before recording.

Property owners and developers who grant or accept easements for utility, access, or conservation purposes.
Licensed land surveyors or engineers who prepare the legal description and map for the exhibit.
Title companies, closing attorneys, and county recorders who verify, attach, and index exhibits to deeds and instruments.

Representative signer roles and responsibilities

Grantor — Property Owner

The grantor is the owner who conveys the easement or permits a use of their land. The grantor must confirm the legal name, authority to convey, and sign in the presence of any required witnesses or notary. Incorrect owner names or missing acknowledgements can void recording or create title exceptions that complicate sales and financing.

Grantee — Easement Holder

The grantee is the party receiving the easement, such as a utility, municipality, neighbor, or conservation entity. The grantee should verify the description, confirm the scope and duration, and sign any acceptance language required by the instrument. Their signature ensures mutual assent and clarifies maintenance and access obligations.

Essential elements of a professional easement exhibit

A complete exhibit combines legal description, graphical depiction, and cross-references that together make the easement unambiguous and record-ready.

Legal Description

A metes-and-bounds or lot-and-block statement that locates the easement precisely within the county land records and ties it to parcel identifiers.

Survey Diagram

A scaled map excerpt or survey plat showing bearings, distances, adjoining parcels, and the exact footprint of the easement.

Recording Reference

Citation of the controlling instrument (deed, covenant, or agreement) including book/page or document number for cross-checking.

Purpose and Scope

Clear description of permitted uses, access rights, maintenance responsibilities, width, and any time or conditional limits.

Signatures and Acknowledgement

Signature blocks for parties, notary acknowledgements, and witness lines as required by state law for recordable instruments.

Exhibit Labeling

Consistent exhibit titles and file names that reference the main instrument and identify page or sheet numbers for multi-sheet exhibits.

Practical step‑by‑step: completing and recording an exhibit

Follow these core steps to produce a recordable exhibit that protects priority and clarifies rights.

01

Prepare Description: Gather survey data and draft the exact legal description.
02

Attach Diagram: Include a survey excerpt or plat with scale and bearings.
03

Obtain Signatures: Have grantor and grantee sign with required witnesses and notary.
04

Record Instrument: File the deed or easement instrument with the county recorder.

Routing: from preparation to the county recorder

Clear routing reduces back-and-forth and ensures the exhibit is accepted and indexed with the main instrument.

Drafting: Draft the exhibit and cross-check legal descriptions with the survey.
Review: Have title counsel or examiner confirm language and attachments.
Execution: Sign with notary/witnesses per state requirements.
Recording: Submit to the county recorder with required filing fee and cover sheet.

Typical online workflow settings for digital completion

Configure your digital workflow to capture signatures, notarization requirements, and audit data before distribution.

Field	Configuration
Signature Field	Require signer name, date, and signature
Notary Block	Include notarization acknowledgement field
Attachment	Require survey/plat PDF upload
Audit Trail	Enable IP, timestamp, and authentication logs

Digital distribution and integration considerations

Use a platform that preserves PDF fidelity, supports multiple signers, and produces an auditable certificate of completion.

File formats: PDF/A or standard PDF for recording
Integrations: Connect to title systems and cloud storage
Authentication: SMS or email OTP for signer verification

Timing and recording expectations for easement exhibits

Record promptly to protect priority; county processing times and local docketing rules determine final indexing.

Record Immediately:

File before closing or transfer to preserve priority and notice.

Notarization Timing:

Sign and notarize on the same date when possible for consistency.

Survey Attachment:

Attach certified survey to reduce title exceptions and examiner queries.

Processing Variability:

County response times vary by jurisdiction and workload.

Title Clearance:

Allow title company time for review before financing deadlines.

Key milestones from drafting to recorded exhibit

Track these stages to ensure smooth closing and avoid last-minute corrections.

01

Draft & Survey

Assemble legal description and obtain survey confirmation.

02

Review & Approvals

Get title, counsel, and grantee approvals.

03

Execution & Notarization

Sign by parties and notarize with required witnesses.

04

Record & Deliver

File with recorder and distribute recorded copies to parties.

Common preparation mistakes that cause recording delays

Using an imprecise or truncated legal description that does not match the recorded deed and survey.
Failing to attach the correct survey/plat sheet or omitting scale and bearings on the diagram.
Incorrect or inconsistent party names that differ from title vesting or recorded instruments.
Skipping required witness lines or notary acknowledgements for the recording jurisdiction.

Consequences of defective or improperly recorded exhibits

Recording Rejection: County recorder may refuse unacceptable instruments.

Title Exceptions: Inaccurate exhibits often create exceptions that complicate financing.

Priority Loss: Unrecorded easements risk being subordinate to later-filed interests.

Enforceability Issues: Ambiguous language may weaken enforceable rights.

Increased Costs: Corrective deeds, affidavits, or re-recording add expense.

Litigation Risk: Disputed boundaries or uses can lead to costly disputes.

Security and compliance checklist for digital exhibits

Encryption: TLS 1.2/1.3 in transit, AES-256 at rest

Audit Trail: Timestamp, IP, and action logs preserved

Authentication: Email OTP or multi-factor options

Record Retention: Exportable signed PDFs and attachments

Certifications: SOC 2 Type II and ISO 27001

Regulatory: ESIGN and UETA compliant

Typical real-world scenarios where exhibits are required

These examples illustrate common settings and why a precise exhibit made a material difference.

Private Drive Access

A developer granted corridor access for a private drive located on a subdivided lot

Exhibit showed exact width and maintenance duty
Recorded exhibit removed a title exception and prevented a later neighbor dispute over driveway use.

Utility Easement

A utility company requested an easement for underground lines across multiple parcels

Surveyed plat and metes-and-bounds were attached
Clear exhibit language and certified survey allowed timely permitting and avoided relocations during construction.

Practical tips for accurate and efficient exhibit preparation

Adopt these practices to reduce rejections, title objections, and downstream disputes.

Use a Licensed Surveyor

Engage a licensed professional to prepare diagrams and legal descriptions to ensure recordability and accuracy.

Cross‑Check Parcel IDs

Verify assessor parcel numbers and deed book/page references before finalizing the exhibit.

Consistent Naming

Use the same legal entity formatting across all documents and avoid informal trade names.

Attach Certified Plats

Include surveyor certification and scale on every attached map to reduce examiner questions.

High-level eSignature vendor comparison for recording and execution workflows

Compare typical starting prices and core capabilities for electronic signature platforms commonly used in real estate and title 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	Yes, 7-day trial	Yes, trial available	Yes, trial available	Yes, trial available	Yes, trial available
Bulk Send	Yes (plan-dependent)	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
Envelope Cap	No envelope cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Frequently asked questions about Property Easement Exhibits

Answers to frequent practical and legal questions when preparing exhibits for recording and enforcement.

Need help? Contact support

What makes an exhibit recordable?
A recordable exhibit contains an accurate legal description, a clear diagram or survey, required signatures and notarization, and proper referencing to the main instrument so a county recorder can index it.
Can an easement exhibit be signed electronically?
Yes in most U.S. jurisdictions if the platform meets ESIGN and UETA standards and produces a tamper-evident signed PDF; verify notarization and witness rules which may require RON or in-person notarization.
When is a survey required?
A certified survey or plat is recommended whenever precise location matters; many title companies will require a survey to remove exceptions or to insure the easement.
What if the recorder rejects the exhibit?
Obtain the recorder's rejection memo, correct the identified deficiency (name, acknowledgment, attachment), and re-record. Corrections may require affidavits or re-execution.
Do witnesses need to sign?
Witness requirements vary by state and instrument type; check local statute or recorder guidance and include witness lines where required.
How long should I retain recorded exhibits?
Keep originals for the full easement term plus several years; retain digital signed copies and attachments per federal and industry retention periods.

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