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Real Property Easement Agreement template
Real Property Easement Agreement sample

What is Real Property Easement Agreement?

Real Property Easement Agreement Grants easement rights on a property, specifying the nature and scope of the easement, access rights, maintenance responsibilities, and compensation if applicable.

Sample template:

Real Property Easement Agreement

1. Parties and Property

This Real Property Easement Agreement (the "Agreement") is entered into as of [Effective Date] by and between Green Valley Conservation Society, a [State Name] non-profit organization with its principal place of business at [Address] ("Grantee"), and [Grantor's Full Name], an individual with an address at [Address] ("Grantor").

2. Purpose and Description of Easement Area

The purpose of this Agreement is to grant Grantee an easement over a designated portion of Grantor's property, commonly known as "Oakwood Preserve," consisting of approximately 10 acres located at 123 Oakwood Lane, Green Valley, County of [County Name], State of [State Name] (the "Property"). The easement described herein shall specifically pertain to a 2-acre section bordering the northern boundary of the Property (the "Easement Area"), as depicted in Exhibit A, which is attached hereto and incorporated herein by reference.

3. Nature and Scope of Easement Rights

3.1. Access

Grantee shall have the non-exclusive right to access the Easement Area for the purpose of conserving, preserving, and protecting the natural habitat, flora, fauna, and ecological systems found within the Easement Area. Grantee's access rights shall include the right to enter the Easement Area by foot or by use of vehicles, tools, and equipment deemed necessary for such purposes.

3.2. Activities

Grantee shall have the right, within its sole discretion, to engage in the following activities within the Easement Area: monitoring and maintaining the Easement Area; conducting surveys, research, and scientific studies; restoring and preserving natural habitat; controlling invasive species; and any other activities reasonably related to the conservation, preservation, and protection of the Easement Area.

3.3. Improvements

Grantee shall have the right to make improvements within or adjacent to the Easement Area, including but not limited to, the construction of pathways, bridges, fencing, and signs, as necessary to further the purposes of this Agreement.

4. Maintenance Responsibilities

4.1. Grantee's Responsibilities

Grantee shall be responsible for the maintenance and upkeep of any improvements made within the Easement Area, including any pathways, bridges, fencing, and signs. Grantee shall also be responsible for the removal of any waste or debris resulting from its activities within the Easement Area.

4.2. Grantor's Responsibilities

Grantor shall not disturb, harm, or disrupt the natural habitat, flora, fauna, or ecological systems within the Easement Area, nor shall Grantor permit any third parties to do so. Grantor shall cooperate with Grantee's efforts to preserve and protect the Easement Area and shall not interfere with Grantee's use and enjoyment of its easement rights.

5. Compensation

Grantee shall pay Grantor the sum of $[Amount] as consideration for the easement rights granted herein. Payment shall be made within 30 days after the Effective Date of this Agreement.

6. Governing Law and Dispute Resolution

6.1. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of [State Name].

6.2. Dispute Resolution

Any dispute or claim arising out of or relating to this Agreement or the breach thereof shall be settled through good faith negotiation between the parties. If the parties are unable to resolve any such dispute or claim through negotiation within 30 days, either party may submit the dispute to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

7. Miscellaneous

7.1. Entire Agreement

This Agreement, together with any exhibits, schedules, or other attachments hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings, representations, negotiations, and agreements, whether oral or written, with respect to such subject matter.

7.2. Amendment

This Agreement may not be amended, altered, or modified except by a written instrument duly executed by both parties.

7.3. Binding Effect

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

7.4. Severability

If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.

_____________________________                                        _____________________________

Grantor's Full Name (Grantor)                                                Authorized Representative of

                                                                                             Green Valley Conservation Society (Grantee)


[Notary Public's Name and Title]

Notary Public, State of [State Name]
My Commission Expires: [Notary's Expiration Date]

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Common Sections of a Real Property Easement Agreement

In this Real Property Easement Agreement, you will see the following sections:

  1. Parties and Property
  2. Purpose and Description of Easement Area
  3. Nature and Scope of Easement Rights
  4. Maintenance Responsibilities
  5. Compensation
  6. Governing Law and Dispute Resolution
  7. Miscellaneous

Summary of each section:

  1. Parties and Property : This section introduces the two parties involved in the agreement, the Grantor (property owner) and the Grantee (non-profit organization), and provides their contact information. It also states the date when the agreement becomes effective.

  2. Purpose and Description of Easement Area : This part explains the purpose of the agreement, which is to grant the Grantee an easement (right to use) over a specific portion of the Grantor's property. It also describes the location and size of the easement area and refers to an attached exhibit for a visual representation.

  3. Nature and Scope of Easement Rights : This section outlines the rights granted to the Grantee, such as access to the easement area, the activities they can perform, and any improvements they can make within or adjacent to the easement area.

  4. Maintenance Responsibilities : This part details the maintenance responsibilities of both the Grantee and the Grantor. The Grantee is responsible for maintaining any improvements they make, while the Grantor must not disturb the natural habitat and cooperate with the Grantee's efforts to preserve the area.

  5. Compensation : This section states the amount the Grantee will pay the Grantor for the easement rights and the timeframe for payment.

  6. Governing Law and Dispute Resolution : This part specifies that the agreement is governed by the laws of the United States and a particular state. It also outlines the process for resolving disputes, which includes negotiation and, if necessary, arbitration.

  7. Miscellaneous : This section contains various standard clauses, such as the entire agreement, amendment, binding effect, and severability. It clarifies that the agreement represents the entire understanding between the parties and can only be amended in writing. It also states that the agreement is binding on both parties and their successors, and that if any part of the agreement is found to be unenforceable, the rest of the agreement remains valid.

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