EASEMENT AGREEMENT
(Florida – Recordable Instrument)
[// GUIDANCE: This template is drafted to meet Florida real-property conveyance requirements, including recording formalities (witnesses, notarization, legal description) and defensively allocates risk. Replace all bracketed items before use.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Grant of Easement & Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block & Recording Page
1. DOCUMENT HEADER
1.1 Title. Easement Agreement (the “Agreement”).
1.2 Parties.
(a) Grantor: [GRANTOR LEGAL NAME], a [state & entity type/individual], having an address at [ADDRESS] (“Grantor”).
(b) Grantee: [GRANTEE LEGAL NAME], a [state & entity type/individual], having an address at [ADDRESS] (“Grantee”).
1.3 Effective Date. This Agreement is effective as of [EFFECTIVE DATE] (the “Effective Date”).
1.4 Recitals.
A. Grantor is the fee-simple owner of certain real property located in [COUNTY], Florida, more particularly described in Exhibit A (the “Servient Estate”).
B. Grantee desires to obtain, and Grantor is willing to grant, a(n) [TYPE OF EASEMENT e.g., perpetual non-exclusive access/utility/drainage] easement over a portion of the Servient Estate as depicted in Exhibit B (the “Easement Area”).
C. The Parties are entering into this Agreement to set forth their respective rights and obligations concerning the Easement Area and associated improvements.
2. DEFINITIONS
For purposes of this Agreement, capitalized terms have the meanings set forth below:
“Actual Damages” – Direct, out-of-pocket damages proven by competent evidence, excluding incidental, consequential, punitive, exemplary, special, or indirect damages.
“Applicable Law” – All federal, state, county, and municipal statutes, ordinances, regulations, and judicial or administrative orders governing the Easement, including Florida real-property and recording laws.
“Easement” – The real-property interest granted to Grantee under Section 3.1.
“Easement Area” – The portion of the Servient Estate legally described and/or depicted on Exhibit B.
“Force Majeure Event” – As defined in Section 7.5.
“Notice” – Formal written notice satisfying Section 9.6.
“Parties” – Collectively, Grantor and Grantee; each, a “Party.”
“Permitted Use(s)” – The use(s) of the Easement Area expressly authorized in Section 3.2.
“Term” – The period described in Section 3.4.
3. OPERATIVE PROVISIONS
3.1 Grant of Easement. Subject to the terms herein, Grantor hereby grants, bargains, conveys, and warrants to Grantee a [perpetual / term-limited] [exclusive / non-exclusive] easement over, across, under, and through the Easement Area for the Permitted Use(s) (the “Easement”), together with the right of ingress, egress, and access reasonably necessary to exercise such Easement.
3.2 Permitted Use(s). The Easement may be used solely for:
(a) [e.g., vehicular and pedestrian access];
(b) [installation, maintenance, repair, replacement, and operation of utility lines, cables, pipes, and related equipment]; and
(c) any incidental use reasonably necessary for the foregoing.
3.3 Performance Standards. Grantee shall:
(a) perform all work in a good and workmanlike manner consistent with industry standards;
(b) comply with Applicable Law (including obtaining permits);
(c) minimize disruption to Grantor’s remaining property; and
(d) restore disturbed surfaces substantially to their prior condition.
3.4 Term.
(a) Perpetual Easement. If designated “perpetual,” the Easement shall run with and bind the Servient Estate in perpetuity, unless earlier terminated under Section 3.5.
(b) Term-Limited Easement. If a term is specified, the Easement shall commence on the Effective Date and expire at 11:59 p.m. local time on [EXPIRATION DATE], unless earlier terminated.
3.5 Termination. The Easement may be terminated only:
(i) by a written instrument executed and acknowledged by both Parties and duly recorded;
(ii) upon expiration of a term-limited Easement;
(iii) by merger of title (when Grantee acquires fee title to the Easement Area);
(iv) through abandonment as determined under Applicable Law; or
(v) pursuant to Section 6.3 following uncured default.
3.6 Consideration. In consideration of the Easement, Grantee shall pay Grantor [DOLLAR AMOUNT] upon execution, receipt of which Grantor hereby acknowledges.
3.7 Conditions Precedent. This Agreement is conditioned on:
(a) Grantee’s delivery of a fully executed original for recording; and
(b) [other conditions, e.g., title insurer approval, lender consent].
4. REPRESENTATIONS & WARRANTIES
4.1 Mutual Representations. Each Party represents and warrants that:
(a) it has full authority and legal right to enter into and perform this Agreement;
(b) execution has been duly authorized; and
(c) this Agreement constitutes a valid and binding obligation enforceable against such Party.
4.2 Grantor’s Additional Representations. Grantor further represents and warrants that:
(a) Grantor holds fee-simple title to the Servient Estate, free of encumbrances that would materially interfere with the Easement;
(b) no third-party consent (other than as expressly listed in Schedule 4.2) is required to grant the Easement; and
(c) Grantor has disclosed all known environmental or hazardous conditions within the Easement Area.
4.3 Survival. The representations and warranties in this Section survive the recording of this Agreement and any termination of the Easement for a period of [X] years.
5. COVENANTS & RESTRICTIONS
5.1 Grantor’s Covenants. Grantor shall:
(a) refrain from interfering with Grantee’s Permitted Use(s);
(b) maintain the Servient Estate in a manner that does not unreasonably hinder access to the Easement Area; and
(c) not grant conflicting easements or encumbrances.
5.2 Grantee’s Covenants. Grantee shall:
(a) maintain the Easement Area and any improvements placed therein in good condition;
(b) carry liability insurance meeting the requirements of Section 7.4;
(c) provide Grantor at least [30] days’ prior Notice of material construction activities; and
(d) indemnify Grantor in accordance with Section 7.1.
5.3 Compliance & Monitoring. Each Party shall, upon reasonable prior Notice, permit the other or its representatives to enter the Easement Area to verify compliance.
5.4 Notice & Cure. Except as otherwise provided, a Party alleging breach must deliver Notice specifying the breach and allow a [30]-day cure period before pursuing remedies.
6. DEFAULT & REMEDIES
6.1 Events of Default. A Party commits a default if it:
(a) materially breaches this Agreement and fails to cure within the period stated in Section 5.4;
(b) makes an assignment for the benefit of creditors, becomes insolvent, or is subject to bankruptcy proceedings not dismissed within [60] days; or
(c) violates Applicable Law in connection with the Easement causing material harm.
6.2 Remedies. Upon default, the non-defaulting Party may:
(i) seek specific performance, temporary and permanent injunctive relief, or declaratory relief;
(ii) recover Actual Damages (subject to Section 7.2);
(iii) perform the defaulting Party’s obligations and recover associated costs; and
(iv) pursue any other remedy available at law or in equity.
6.3 Termination for Cause. For an uncured material default, the non-defaulting Party may record a termination instrument and take all steps necessary to extinguish the Easement, subject to judicial confirmation if contested.
6.4 Attorneys’ Fees. The prevailing Party in any dispute arising under this Agreement is entitled to recover reasonable attorneys’ fees and costs, including on appeal.
7. RISK ALLOCATION
7.1 Indemnification. Grantee shall indemnify, defend, and hold harmless Grantor and its affiliates, successors, and assigns from and against any third-party claims, losses, or liabilities arising out of Grantee’s use of the Easement Area, except to the extent caused by Grantor’s gross negligence or willful misconduct.
7.2 Limitation of Liability. EXCEPT FOR INDEMNITY OBLIGATIONS, FRAUD, OR WILLFUL MISCONDUCT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY DAMAGES BEYOND ACTUAL DAMAGES.
7.3 Waiver of Consequential Damages. To the fullest extent permitted by Applicable Law, each Party waives any right to recover consequential, special, or punitive damages.
7.4 Insurance. Grantee shall maintain, at its expense, commercial general liability insurance with limits of not less than $[MINIMUM] per occurrence/$[AGGREGATE] aggregate, naming Grantor as an additional insured and providing for 30 days’ prior written notice of cancellation.
7.5 Force Majeure. Neither Party is liable for failure to perform caused by events beyond its reasonable control, including natural disasters, acts of God, war, terrorism, civil unrest, labor disputes, or governmental actions (“Force Majeure Event”); provided the affected Party promptly notifies the other and resumes performance as soon as commercially practicable.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Agreement and any dispute hereunder are governed by the laws of the State of Florida, without regard to conflict-of-laws principles.
8.2 Forum Selection. Each Party irrevocably submits to the exclusive jurisdiction of the state courts located in [COUNTY], Florida (and any appellate courts therefrom).
8.3 Arbitration. [OPTIONAL – DELETE IF NOT SELECTED] Either Party may elect, by written Notice within 30 days after a dispute arises, to submit the dispute to binding arbitration administered by [AAA/JAMS] under its [Commercial] Rules. Judgment on the award may be entered in any court of competent jurisdiction.
8.4 Jury Waiver. [OPTIONAL – DELETE IF NOT SELECTED] EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL IN ANY ACTION ARISING OUT OF THIS AGREEMENT.
8.5 Injunctive Relief. Notwithstanding Section 8.3, either Party may seek specific performance or other equitable relief in a court of competent jurisdiction to prevent or curtail imminent harm.
9. GENERAL PROVISIONS
9.1 Amendment & Waiver. No amendment or waiver is effective unless in a writing signed by the Party against whom enforcement is sought. A waiver on one occasion is not a waiver on any subsequent occasion.
9.2 Assignment. Grantee may not assign the Easement or this Agreement, voluntarily or by operation of law, without Grantor’s prior written consent, except to a successor-in-interest to Grantee’s dominant estate that assumes Grantee’s obligations.
9.3 Successors & Assigns. Subject to Section 9.2, this Agreement is binding upon and inures to the benefit of the Parties and their respective successors and assigns, and shall run with the land.
9.4 Severability. If a court of competent jurisdiction holds any provision unenforceable, the remainder shall be construed to give effect to the original intent as nearly as possible.
9.5 Integration. This Agreement (including exhibits and schedules) constitutes the entire agreement between the Parties relating to the Easement and supersedes all prior or contemporaneous understandings.
9.6 Notices. All Notices must be in writing and delivered (i) by hand, (ii) by nationally recognized overnight courier, or (iii) by certified mail, return receipt requested, to the addresses set forth in Section 1.2 or such other address a Party designates by Notice. Notice is effective upon delivery or first refusal.
9.7 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original. Signatures transmitted by electronic means (e.g., PDF, DocuSign) are deemed original signatures.
9.8 Recording. The Parties shall record this Agreement, or a memorandum thereof sufficient for recordation, in the Public Records of [COUNTY], Florida. Grantee shall pay all recording fees and documentary stamp taxes.
9.9 Further Assurances. Each Party shall execute and deliver any additional documents reasonably necessary to carry out the intent of this Agreement, including estoppel certificates requested by a Party’s lender or purchaser.
10. EXECUTION BLOCK & RECORDING PAGE
IN WITNESS WHEREOF, the Parties have executed this Easement Agreement as of the Effective Date.
GRANTOR:
[GRANTOR LEGAL NAME]
By: ____
Name: ____
Title: _________
Witness 1: ____
Printed Name: _______
Witness 2: ____
Printed Name: _______
GRANTEE:
[GRANTEE LEGAL NAME]
By: ____
Name: ____
Title: _________
Witness 1: ____
Printed Name: _______
Witness 2: ____
Printed Name: _______
NOTARY ACKNOWLEDGMENT (Florida)
STATE OF FLORIDA )
COUNTY OF ____ )
The foregoing instrument was acknowledged before me this ___ day of _, 20_, by ____ as ____ of ____, who [ ] is personally known to me OR [ ] produced ______ as identification.
Notary Public, State of Florida
(Print Name)
My Commission Expires: _____
EXHIBIT A – LEGAL DESCRIPTION OF SERVIENT ESTATE
[Insert full metes and bounds or other legal description.]
EXHIBIT B – EASEMENT AREA SKETCH & DESCRIPTION
[Attach survey sketch or legal description of Easement Area.]
SCHEDULE 4.2 – REQUIRED THIRD-PARTY CONSENTS
[Insert, or state “None.”]
[// GUIDANCE: Validate legal descriptions, ensure witness lines comply with latest Florida statutory requirements (generally two witnesses for instruments conveying real-property interests), and confirm notarization block matches current notary regulations. Record promptly to protect priority.]