Easement Agreement

EASEMENT AGREEMENT

Alaska Recording District: [________________________________]

After recording, return to:
[NAME]
[MAILING ADDRESS]
[CITY, STATE ZIP]

Grantor: [FULL LEGAL NAME]
Grantor mailing address: [FULL MAILING ADDRESS]

Grantee: [FULL LEGAL NAME]
Grantee mailing address: [FULL MAILING ADDRESS]

Servient Property: The Alaska real property described in Exhibit A.
Easement Area: The portion of the Servient Property described in Exhibit B and, if used, depicted in Exhibit C.
Dominant Property: ☐ The Alaska real property described in Exhibit D. ☐ Not applicable; the Easement is in gross.

Complete the recording district, return address, party mailing addresses, and legal descriptions before execution. Alaska recording requirements also govern document size, margins, type size, legibility, title, indexing information, fees, and references to earlier recorded instruments.

1. Grant

For consideration of $[________] and other good and valuable consideration, receipt of which Grantor acknowledges, Grantor grants and conveys to Grantee the following easement over the Easement Area (the “Easement”):

• Character: ☐ Nonexclusive. ☐ Exclusive only to the extent stated here: [________________________________].
• Type: ☐ Appurtenant to the Dominant Property. ☐ In gross for the benefit of Grantee.
• Purpose: ☐ Pedestrian access. ☐ Vehicular access. ☐ Utilities. ☐ Drainage. ☐ Other: [________________________________].
• Authorized facilities or activities: [________________________________].
• Authorized users: Grantee and [GRANTEE'S OWNERS, TENANTS, INVITEES, CONTRACTORS, UTILITY PROVIDERS, SUCCESSORS, OR OTHER DEFINED USERS].

No right outside the stated purpose is granted by implication. No title covenant is implied beyond an express covenant written in this instrument.

2. Term

The Easement begins when this instrument is delivered by Grantor and continues:

☐ Perpetually.
☐ Until [DATE OR OBJECTIVELY DETERMINABLE EVENT]: [________________________________].
☐ For [____] years, ending [__/__/____].

Recording is not stated as a condition to validity between Grantor and Grantee. The parties intend prompt recording to provide public notice and protect the granted interest against later purchasers and security-interest holders as provided by Alaska law.

3. Use and Access

Grantee may enter the Easement Area at reasonable times and use it only for the stated purpose. Grantee shall:

1. minimize unreasonable interference with Grantor's use of the Servient Property;
2. comply with permits and laws applicable to Grantee's work;
3. keep gates closed and follow these access controls: [________________________________];
4. give Grantor [____] days' advance notice before nonemergency construction or excavation; and
5. give prompt notice after emergency entry.

Grantor may use the Easement Area and authorize compatible uses that do not materially obstruct the Easement. Any relocation right must be stated expressly:

☐ No unilateral relocation right is granted.
☐ Relocation may occur only under these conditions, at the expense of [PARTY], without materially reducing utility or access: [________________________________].

4. Construction, Maintenance, and Restoration

Grantee shall pay for and perform the following construction and maintenance: [________________________________].

Grantor shall perform the following maintenance, if any: [________________________________].

After work, the responsible party shall remove debris and reasonably restore disturbed surfaces, vegetation, drainage, fences, and improvements, except for authorized facilities. The parties allocate snow removal, grading, utilities, inspection, and emergency work as follows: [________________________________].

5. Costs and Risk Allocation

5.1 Damage

Each party is responsible for physical damage to the other party's property to the extent caused by its negligence, willful misconduct, or breach of this instrument, subject to defenses and allocations available under applicable law.

5.2 Insurance

☐ No contractual insurance requirement is selected.
☐ Grantee shall maintain: [POLICY TYPE, LIMITS, ADDITIONAL-INSURED TERMS, AND EVIDENCE REQUIREMENTS].

5.3 Liens

Each party shall address liens arising from labor or materials it orders and shall not represent that it can encumber an interest owned by the other party beyond what applicable law permits.

6. Transfer; Appurtenant Rights

If the Easement is appurtenant, it benefits the Dominant Property and burdens the Servient Property for the selected term, subject to this instrument. A transfer of either property should identify this Easement by its recording information.

If the Easement is in gross, Grantee may assign it only as selected below:

☐ Assignment is prohibited without Grantor's written consent.
☐ Assignment is permitted to: [________________________________].
☐ Assignment is unrestricted, subject to applicable law and the limits of this instrument.

An assignment, amendment, extension, modification, or release intended for recording must identify this instrument's book-and-page or serial-number reference.

7. Default and Dispute Process

Before seeking a remedy for a curable breach, the complaining party shall give written notice describing the breach. The receiving party has [____] days after receipt to cure, or, if cure reasonably requires longer, to begin cure within that period and proceed diligently. This notice provision does not prevent emergency relief when delay would cause irreparable harm.

Available remedies depend on the claim, the terms of this instrument, and applicable law. This instrument does not promise bondless relief, waive a jury, or guarantee full attorney-fee reimbursement.

Unless the parties write a different enforceable allocation here, attorney-fee awards in an Alaska civil case are governed by Alaska Civil Rule 82 and other applicable law: [OPTIONAL NEGOTIATED FEE PROVISION].

8. Termination and Release

The Easement terminates only upon an applicable selected event and completion of any recordable documentation required to clear the public record:

1. expiration of the fixed term or occurrence of the objectively stated terminating event in Section 2;
2. a written release executed and acknowledged by the holder of the Easement and recorded with a reference to this instrument;
3. a written termination agreement executed and acknowledged by all persons whose interests are affected and recorded with a reference to this instrument;
4. a final court order or judgment determining termination, after any appeal or stay; or
5. another termination ground established under applicable law and documented in recordable form.

Nonuse for a blank period, a bankruptcy filing, or a unilateral notice of breach does not automatically terminate the Easement under this instrument.

9. Notices

Notices under this instrument must be in writing and delivered by personal delivery, nationally recognized overnight service, or certified U.S. mail to the addresses above, as later changed by written notice. The parties may agree to an additional electronic-copy address: [EMAIL], but an electronic copy does not replace a delivery method stated in this section unless the parties expressly amend this section.

10. General Terms

1. Governing law. Alaska law governs this instrument.
2. Venue. Any venue provision must be reviewed for the particular claim and property location. The parties select, only to the extent enforceable: [ALASKA JUDICIAL DISTRICT AND COURT].
3. Entire instrument. This instrument and its exhibits contain the parties' agreement concerning the Easement.
4. Amendments. An amendment must be in writing, signed by the parties whose interests are affected, acknowledged when required for recording, and recorded if it changes the recorded property interest.
5. Severability. If a provision is unenforceable, the remaining provisions continue to the extent they can operate consistently with the parties' lawful intent.
6. Counterparts and electronic records. Counterparts may form one instrument. The parties agree to conduct this transaction by electronic means only if they actually agree to do so. Electronic signatures and acknowledgments must satisfy Alaska law, and the State Recorder's Office may specify the manner and format it accepts.
7. No public-land authorization. This private instrument does not itself authorize use of state, federal, municipal, tribal, or other third-party land or alter a public, platted, section-line, or reserved easement.

11. Grantor Execution

Grantor signs, seals, and delivers this instrument intending to convey the Easement stated above.

GRANTOR: [FULL LEGAL NAME]

By: ____________________________________ (SEAL)
Name: [________________________________]
Title/capacity: [________________________________]
Date: [__/__/____]

Grantor Acknowledgment

State of [________________]
[Judicial District / County / Municipality] of [________________]

The foregoing instrument was acknowledged before me on [__/__/____] by [NAME OF PERSON ACKNOWLEDGING], [SELECT AND COMPLETE CAPACITY: acting individually / title and entity / member or manager and LLC / partner or agent and partnership / attorney-in-fact and principal / trustee or other representative capacity].

____________________________________
Signature of person taking acknowledgment

Title or rank: [________________________________]
Commission expiration or serial number, if applicable: [________________________________]
[OFFICIAL SEAL]

12. Grantee Acceptance

Grantee accepts the Easement and the obligations expressly imposed on Grantee by this instrument.

GRANTEE: [FULL LEGAL NAME]

By: ____________________________________
Name: [________________________________]
Title/capacity: [________________________________]
Date: [__/__/____]

Grantee Acknowledgment

State of [________________]
[Judicial District / County / Municipality] of [________________]

The foregoing instrument was acknowledged before me on [__/__/____] by [NAME OF PERSON ACKNOWLEDGING], [SELECT AND COMPLETE CAPACITY: acting individually / title and entity / member or manager and LLC / partner or agent and partnership / attorney-in-fact and principal / trustee or other representative capacity].

____________________________________
Signature of person taking acknowledgment

Title or rank: [________________________________]
Commission expiration or serial number, if applicable: [________________________________]
[OFFICIAL SEAL]

Exhibit A — Servient Property Legal Description

[INSERT COMPLETE LEGAL DESCRIPTION SUFFICIENT TO LOCATE AND IDENTIFY THE PROPERTY]

Exhibit B — Easement Area Legal Description

[INSERT COMPLETE METES-AND-BOUNDS, CENTERLINE, LOT/BLOCK/PLAT, OR OTHER RECORDABLE DESCRIPTION]

Exhibit C — Survey or Drawing (Optional)

[ATTACH A LEGIBLE SURVEY OR DRAWING THAT DOES NOT CONFLICT WITH EXHIBIT B]

Exhibit D — Dominant Property Legal Description (If Appurtenant)

[INSERT COMPLETE LEGAL DESCRIPTION]

Recording Checklist

☐ Confirm the correct Alaska recording district.
☐ Insert complete return-to information.
☐ Insert complete mailing addresses for all persons granting or acquiring an interest.
☐ Confirm the title and indexing names.
☐ Confirm each legal description against title and survey records.
☐ Add prior recording references for any amendment, modification, assignment, extension, or release.
☐ Use original or recorder-acceptable electronic signatures.
☐ Complete a legally sufficient acknowledgment for the grantor and each other signature requiring acknowledgment.
☐ Check the Recorder's Office's current paper, margin, type-size, legibility, fee, and electronic-submission requirements.
☐ Obtain spouse, lienholder, co-owner, association, governmental, permit, or other consent when the title, property status, or applicable law requires it.
☐ Have Alaska counsel and a title professional review the final instrument before recording.

Sources and References

• Alaska Legislature, AS 34.15.010-.150.
• Alaska Legislature, AS 40.17.010-.110.
• Alaska Legislature, AS 09.63.040-.130.
• Alaska Legislature, AS 09.80.010-.195.
• Alaska Court System, Alaska Rules of Civil Procedure (Rule 82).
• Alaska Department of Natural Resources Recorder's Office, Preparing Documents.