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Storm Drainage Easement

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STORM DRAINAGE EASEMENT

KNOW ALL MEN BY THESE PRESENTS:

That of County of

being the owner of a certain lot or parcel of land in the Town of

County of and State of Maine, which premises are

more fully described in a certain subdivision plan entitled by

dated and recorded in the

County Registry of Deeds in Plan Book , Page , which description

of said premises is included herein by reference. For and in consideration of the sum of

and other good and valuable considerations paid by the Inhabitants of the

Town of , State of Maine, the receipt of which is hereby acknowledged,

Grantor(s) do(es) hereby give, grant and quit-claim unto the said Inhabitants of the Town of

an easement and right-of-way for the construction, maintenance, repair or

replacement of storm drains on or across said premises. Said easement shall be feet in

width and feet in length across Lots numbered and

shall be located as shown on the above-mentioned subdivision plan.

TO HAVE AND TO HOLD the said easement and right-of-way unto the said Inhabitants of the Town

of for use for storm drainage so long as the same shall be used and maintained

for such purposes; and the Grantor(s) hereby dedicate(s) their respective interests in said strip of land to

public use for such purposes. Grantor(s) further grant(s) to the Inhabitants of the Town of

the right to enter upon said land for purposes hereinbefore mentioned

and Grantor(s), their heirs or assigns shall not construct any structure within said easement or plant

vegetation within said easement without the express written consent of the Town of

Road Commissioner.

IN WITNESS WHEREOF, the said have hereunto set my (our) hand(s)

and seal(s) this day of , in the year of our Lord, 20

SIGNED, SEALED AND DELIVERED

in presence of

STATE OF MAINE SS.

Personally appeared, before me, the above-mentioned and

acknowledged the foregoing instrument to be free act and deed.

Notary Public/Justice of the Peace

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What a Storm Drainage Easement Is and when it’s used

A Storm Drainage Easement is a written legal grant that gives a public agency, homeowner association, utility, or private party the right to access, install, operate, inspect, maintain, and repair storm drainage infrastructure on or under another owner’s property. It describes the physical location and dimensions of the easement, permitted uses and restrictions, maintenance responsibilities, indemnities, effective date, and duration or termination conditions. Typically recorded in the county land records, the easement creates an encumbrance that runs with the land so future owners take title subject to the same rights and obligations.

Why a Storm Drainage Easement matters for property and municipal projects

A clear, recorded Storm Drainage Easement protects public safety, defines maintenance duties, avoids disputes over access for repairs, and preserves the drainage network’s function. It provides legal certainty for municipalities, developers, and downstream property owners by documenting rights, limitations, and any compensation or restoration obligations related to drainage works.

Why a Storm Drainage Easement matters for property and municipal projects

Typical parties who prepare, sign, or rely on a Storm Drainage Easement

The easement is used by public agencies, private utilities, developers, landowners, and title companies when drainage capacity, stormwater management, or public right-of-way access is required.

  • Municipalities and public works departments responsible for stormwater systems and flood control
  • Private developers and civil engineers securing permanent access for drainage improvements
  • Property owners and title companies ensuring marketable title and clear record of encumbrances

Because an easement affects land use and title, parties commonly obtain legal review, coordinate recording with the county clerk or recorder, and attach drawings or exhibits that show exact locations and dimensions.

Who can sign and typical signatory roles

Owner / Grantor

The fee owner of the servient parcel who grants the easement. If an entity holds title, an authorized officer or manager must sign and be identified by job title; corporate or LLC signatures often require a corporate resolution or authorization.

Grantee / Municipality

The party receiving the easement rights—commonly a city, county, utility, or HOA. An authorized municipal official, utility manager, or designated representative should sign; public entities may require council approval or an ordinance before execution.

Core components to include in a professional easement document

A well-drafted Storm Drainage Easement is explicit about the rights granted, spatial limits, maintenance obligations, access protocol, liability allocation, and recording instructions.

Legal description

Precise metes-and-bounds or recorded-lot reference plus any exhibit map to locate the easement area clearly and unambiguously.

Grant of rights

A clause specifying rights to construct, maintain, repair, inspect, remove, and replace storm drainage facilities within the easement footprint.

Access and notice

Terms governing when and how grantee may access the property, advance notice requirements, and emergency-entry exceptions.

Maintenance and restoration

Who performs routine maintenance versus capital repairs, and obligations to restore landscaping, paving, or structures after work.

Indemnity and insurance

Allocation of liability, insurance minimums for work performed, and waiver of consequential damages where appropriate.

Duration and recording

Whether the easement is perpetual or limited in term, conditions for termination or release, and instructions to record in county land records.

Step-by-step: preparing and executing the easement

Follow these discrete steps to prepare, approve, and record a Storm Drainage Easement with minimal delays.

  • 01
    Draft: Prepare text and attach a clearly labeled exhibit map with dimensions and coordinates.
  • 02
    Review: Obtain internal legal and engineering review, and secure any municipal approvals required by ordinance.
  • 03
    Execute: Signatures by authorized officers plus notarization and any required witness attestations.
  • 04
    Record: Submit to county recorder with required recording fees and return a conformed copy to all parties.

Configuring an online signing workflow for the easement

Set up roles, fields, and authentication to match legal requirements and recording needs.

Field Configuration
Signature Block Add signer name, title, signature image, and date fields for each party.
Notary Block Include a notary acknowledgment with caption and jurat fields; enable RON if allowed by state.
Exhibit Attachment Attach high-resolution exhibit map (PDF). Mark exhibit label and page numbers.
Signer Authentication Use email verification plus SMS code or ID check for higher assurance.

Digital signing and technical considerations

Ensure the eSignature platform supports notarization, secure storage, and an auditable certificate of completion.

  • File formats: PDF, DOCX are supported for upload and archival.
  • Notarization types: In-person notary and Remote Online Notarization (RON) support may be required.
  • Integrations: Connectors to cloud storage and title systems aid recordkeeping.

Confirm the platform’s encryption, audit trail, and optional RON workflow align with recorder and state notary requirements before relying on electronic execution for recording.

Where to file, submit, and distribute the recorded easement

Recording protocols vary by county; follow local recorder instructions and provide correct fee, number of copies, and return address.

  • County Recorder: Primary filing location for deeds and easements; submit original with proper acknowledgement.
  • Title Company: Provide conformed copy for title insurance and escrow files.
  • Municipal Clerk: If grantee is a municipality, deliver an executed copy per internal records policy.
  • All Parties: Distribute a recorded, certified copy to owner, grantee, and any lender with an interest.

Typical timing and recording expectations

Plan for preparatory lead time for drafting, approvals, execution, and recording to avoid construction or funding delays.

Drafting Time:

1–2 weeks for survey-exhibit and legal review

Municipal Approval:

Varies; allow 2–8 weeks if council or board action is required

Execution Scheduling:

1–7 days depending on availability of signatories and notary

Recording:

Recorder turnaround 1–14 business days; expedited recording may be available

Title Insurance Update:

Allow 5–10 business days for title company endorsement

Key milestones from negotiation to recorded easement

Sequential milestones help stakeholders track approvals and avoid downstream construction delays.

01

Survey & Exhibit Completed

Surveyor prepares exhibit and legal description for insertion into the easement.

02

Draft Approval

Owner, grantee, and counsel approve final draft and exhibit.

03

Signature and Notarization

Authorized signatories execute in presence of notary or via permitted RON process.

04

Recording and Distribution

County recorder files document; recorded copies returned and distributed to parties.

Common drafting and execution errors to avoid

  • Vague legal descriptions that lead to boundary disputes or recording rejection.
  • Missing exhibit map or unclear exhibit labels that confuse recorder and title reviewers.
  • Signatures by unauthorized persons without corporate resolutions or power-of-attorney evidence.
  • Failure to notarize correctly or to follow state-specific RON rules causing recorder rejection.

Consequences of incorrect or unrecorded easements

Recording Rejection: Recorder may refuse to accept or index the document, leaving rights unenforceable.
Title Defect: Unrecorded or poorly described easements can create title exceptions and impede sales or financing.
Liability Exposure: Incorrect indemnity or insurance clauses can increase exposure for both owner and grantee.
Operational Delay: Construction or maintenance may be delayed until rights are properly documented.
Cost Overruns: Remedial drafting, re-recording, or litigation increases project costs and timelines.
Enforcement Issues: Ambiguous access terms can require litigation to clarify rights and obligations.

Essential data elements to include in the document

Grantor: Full legal name
Grantee: Full legal name
Legal Description: Recorded deed reference
Easement Area: Width, length, bearings
Exhibit Map: Labeled and attached
Notary Block: Acknowledgment or jurat

Real-world examples of Storm Drainage Easement use

Examples show how different parties structure easements for installation, maintenance, and recordation.

Municipal Drainage Installation

A city granted a perpetual 20-foot easement along the rear of lots to install a storm sewer

  • The easement required the grantee to restore landscaping after work
  • The document included a survey exhibit, council resolution, and was recorded to ensure enforceability and future access.

Private Development Agreement

A developer provided temporary construction access plus a permanent drainage easement to a drainage district

  • The easement allocated routine maintenance to the district and capital repairs to the developer
  • The recorded instrument included a covenant running with the land and obligations assigned in the sale documents.

Practical tips for accurate and efficient easement completion

Small drafting and process choices reduce rework and recording delays.

Use an Exhibit Map
Provide a clear, labeled survey exhibit with bearings and distances to avoid ambiguity at recording.
Confirm Signatory Authority
Obtain corporate resolutions or authorized signatory affidavits when entities hold title to prevent post-closing challenges.
Coordinate with Title Company
Have the title company review draft language for endorsement requirements before execution and recording.
Plan for Notarization
Determine whether in-person notarization or RON is permitted by county and state rules and prepare appropriate acknowledgements.

eSignature vendor comparison for executing and storing easement documents

Signatory platforms vary in price, bulk-send features, and HIPAA or audit-trail support. signNow appears first for direct feature and pricing comparison.

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, no credit card Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes (Business Premium) Yes Yes Yes Varies by plan
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes (BAA available) Yes Yes No No
Envelope Cap No envelope cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently asked questions about Storm Drainage Easements

Answers to common questions about drafting, recording, signatures, and enforceability.


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