A sample easement agreement is a legal document that outlines the terms and conditions of granting access or use of a portion of one`s property to another party. Such an agreement may arise due to property encroachment, where one party has built a structure beyond their property boundaries. In such cases, the encroaching party may seek an easement agreement to avoid legal disputes and provide a legal pathway for the non-owning party to access the encroached-upon area.

The following is a sample easement agreement template that can be used as a guide to create a legally binding agreement between the parties involved in a property encroachment situation:

Parties

This agreement is made and entered into on [date] by and between [name of the property owner] (hereafter “Grantor”) and [name of the non-owner party] (hereafter “Grantee”).

Property Description

The Grantor owns the property located at [property address], and the Grantee owns the property adjacent to the Grantor`s property, located at [property address].

Easement Description

The Grantor hereby grants a non-exclusive easement to the Grantee over a portion of the Grantor`s property for the purpose of accessing the Grantee`s encroachment and facilitating its presence. The easement area is located at [easement area location within the Grantor`s property], and is approximately [easement area dimensions] in size.

Duration and Termination

The easement granted herein shall commence on the date of this agreement and remain in force for as long as the Grantee requires access to the encroached-upon area. The easement agreement shall terminate if the encroachment is removed or demolished.

Responsibilities of the Parties

The Grantor shall provide a legal right-of-way over their property for the Grantee to access the encroached-upon area. The Grantor agrees to maintain the easement area and keep it free from any obstructions that may hinder access.

The Grantee shall use the easement area solely for the purpose of accessing the encroached-upon area. The Grantee shall indemnify the Grantor from any claims or damages that may arise from the Grantee`s use of the easement area.

Compensation

The Grantee shall pay the Grantor a one-time fee of [amount] as compensation for the easement granted herein. This compensation shall be paid on the date of this agreement and is non-refundable.

Governing Law

This agreement shall be governed by and construed in accordance with the laws of [state or country name].

Entire Agreement

This easement agreement constitutes the entire agreement between the parties and supersedes all prior discussions and agreements between them.

Conclusion

A sample easement agreement is a crucial document that provides a legal framework for resolving property encroachment disputes. The agreement sets out the terms and conditions of granting a non-owning party access to the encroached-upon area. It outlines the responsibilities of both parties, the duration of the easement, and any compensation to be paid. When creating a legal document such as a sample easement agreement, it is crucial to seek legal advice to ensure that it is legally binding and enforceable.