Getting an easement

How do I grant an easement on my property?

Decide exactly what you are giving up, write it narrowly with a surveyed description, sign before a notary, and record it. Terms you leave out are terms you cannot enforce later.

Granting an easement is permanent in most cases, so the drafting matters more than the negotiation. You are handing someone a right to use part of your land that will outlast you and bind whoever buys the property next.

Keep the grant narrow. Name the purpose, fix the location by survey rather than by description of current use, state the width in feet, and say what the holder may not do: no widening, no additional lines, no assignment to a third party without your consent. A blanket grant that covers the whole parcel is the single most common drafting mistake.

Address maintenance, restoration after digging, insurance, and what happens if the use stops. Silence defaults to whatever your state's case law says, which is rarely what you assumed.

If your property is mortgaged, check the loan documents. Many lenders require written consent before an owner encumbers the land, and recording without it can technically breach the loan.

What this looks like in practice

The owners who regret a grant almost never regret the price. They regret the width, the wording, or the absence of a location. A right described as 'across the rear of the property' can be relocated by the holder to wherever suits it, and a purpose written as 'utility purposes' can later cover facilities nobody discussed.

The other frequent surprise is duration. Unless the document says otherwise, a granted easement is permanent and passes to every future owner of the benefited land. If you intend a temporary or personal accommodation, that has to be written in, and it should say plainly that the right is personal and not assignable.

What to do next

1Write down what you are willing to allow and, just as important, what you are not.
2Require a surveyed strip with a fixed location and a stated width in feet before you sign anything.
3Limit the purpose clause to the specific use, and bar widening, added facilities and assignment without consent.
4Add restoration, maintenance and insurance terms, plus reversion language if the use is abandoned.
5Ask your lender for written consent if the parcel is mortgaged.
6Sign before a notary, record the grant, and keep a stamped copy with your deed and title policy.

What to look for

A defined strip by survey, never a blanket right over the whole parcel.
A purpose clause limited to the specific use being granted.
Restoration language covering grade, landscaping and paving after any work.
Whether the right can be assigned, expanded, or shared with other utilities.
Termination or reversion language if the use is abandoned.

Questions people ask next

Should I be paid for granting an easement?

Usually yes, unless you are the one who benefits. Payment commonly reflects the value of the strip, the loss of use around it, and construction damage, and it is negotiated rather than set by any schedule.

Can I limit the easement to one person?

You can, by stating that the right is personal to the named holder and not assignable. Without that language the right normally runs with the benefited land and passes to every future owner.

Can I take it back later?

Only if the document allows it, the holder releases it in a recorded instrument, or the stated purpose ends and the grant provides for reversion. A permanent grant with no exit language is very hard to undo.