Sample Easements & Road Sharing docs

Posted on November 11 2009 by admin

One of these I have used.  They span from the VERY simple to the nit picky ad nausea lawyer type.  I prefer to keep it as simple as possible.

Almost anything can be a condition of, or limit on, an easement except things like race, creed, etc.

I prefer to keep it as simple as possible.

Grant TO THE PUBLIC….  For Public road purposes.  This type of simplistic easement causes lawyers to cringe or see dollar signs but the intent is clear and does not frighten or put unnecessary nit picky ideas into anyone’s head.

One part of the Easement Grant Deed that is fixed in stone is the wording of the Notary seal and signature area.  This changes every few years and the last change requires not a similar wording but ONLY the EXACT wording listed in the California codes.

Another part that must be on the Grant Deed according to the Recorders office is both a Grantor and a Grantee.  So the Deed must list the PUBLIC, or something like current and future owners of any and all property in sections such and such or of a particular parcel for easements in appurtenant.  It is not generally done but easements in gross are the type granted to a person that is named.  The problem being that when the parcel the person owns is sold the easement does not automatically go with the dominant parcel thus opening the door to bickering, pissing matches, and legal fees….

In the U.S., an easement appurtenant is one that benefits the dominant, adjoining land. An easement in gross is personal to the holder of the easement and does not pass automatically to another person when the easement holder’s property is sold and bought.

Here is a sample of the last easement that I recorded.  MY SAMPLE

No specifications of utilities location is a weakness as well as to what parcels the utilities are to serve.  (Not the sunrise power link but only parcels in say section 35 and 36 of yadda yadda would be a good addition.

I will soon post some other samples and an excellent road sharing agreement.

ROAD UPKEEP MUST BE SHARED BY EVERYONE

The following is from HERE

845.  (a) The owner of any easement in the nature of a private
right-of-way, or of any land to which any such easement is attached,
shall maintain it in repair.
   (b) If the easement is owned by more than one person, or is
attached to parcels of land under different ownership, the cost of
maintaining it in repair shall be shared by each owner of the
easement or the owners of the parcels of land, as the case may be,
pursuant to the terms of any agreement entered into by the parties
for that purpose. If any owner who is a party to the agreement
refuses to perform or fails after demand in writing to pay the owner'
s proportion of the cost, an action for specific performance or
contribution may be brought against that owner in a court of
competent jurisdiction by the other owners, either jointly or
severally.

(c) In the absence of an agreement, the cost shall be shared

proportionately to the use made of the easement by each owner.

   Any owner of the easement, or any owner of land to which the
easement is attached, may apply to any court where the right-of-way
is located and that has jurisdiction over the amount in controversy
for the appointment of an impartial arbitrator to apportion the cost.
The application may be made before, during, or after performance of
the maintenance work. If the arbitration award is not accepted by all
of the owners, the court may enter a judgment determining the
proportionate liability of each owner. The judgment may be enforced
as a money judgment by any party against any other party to the
action.

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