Easement Agreement - Kansas

KANSAS EASEMENT AGREEMENT

Recordable event: CREATION AND CONVEYANCE OF EASEMENT

Recording Information

1. Parties and Property

Grantor / Servient Owner: [FULL LEGAL NAME AND CAPACITY]

Grantee / Easement Holder: [FULL LEGAL NAME AND CAPACITY]

Servient Estate: the Kansas real property described in Exhibit A.

Dominant Estate, if any: the real property described in Exhibit B.

Easement Area: the area described in Exhibit C and shown on any attached survey or drawing.

Current title instruments: [COUNTY / BOOK AND PAGE / INSTRUMENT NUMBER]

K.S.A. 58-2205 permits a conveyance of an estate or interest in land by deed executed by a person with authority to convey it. K.S.A. 58-2209 requires the grantor or the grantor's lawful agent or attorney to subscribe the conveyance.

2. Consideration and Title Treatment

Consideration paid or exchanged: [________________________________].

Select the title treatment reviewed for this transaction:

☐ No express title warranty. Grantor creates and conveys only the easement expressly described in this Agreement, without an express representation or warranty of title, priority, fitness, or noninterference.

☐ Express limited title statement: [________________________________].

☐ Other treatment approved by Kansas title counsel: [________________________________].

Do not use generic warranty language unless counsel has identified the intended covenant and the title evidence supports it.

3. Creation, Classification, and Scope

For the consideration stated above, Grantor creates and conveys to Grantee the easement described in this Agreement over the Easement Area.

The parties intend the easement to be:

☐ Appurtenant to the Dominant Estate identified in Exhibit B

☐ Held by the named Grantee without a Dominant Estate

☐ Exclusive, but only to this stated extent: [________________________________]

☐ Nonexclusive

Purpose:

☐ Ingress and egress

☐ Utilities — identify type: [________________________________]

☐ Drainage

☐ Parking

☐ Construction or temporary access

☐ Conservation

☐ Other: [________________________________]

Permitted users and benefited parcels: [________________________________]

The exact rights created are:

[____________________________________________________________]

State the width, location, surface, subsurface and air rights, frequency, vehicle or utility types, gates, parking, staging, vegetation work, lateral support, relocation, and expansion rights. A generic purpose label does not add unstated rights under this form.

4. Duration and Commencement

Commencement: [__/__/____] or upon [________________________________].

☐ Perpetual, subject to a legally sufficient termination route

☐ Fixed term ending [__/__/____]

☐ Other duration or stated condition: [________________________________]

Any expiration condition must be objective, capable of proof, and coordinated with the record-clearing provisions in Section 10.

5. Use Standards and Reserved Rights

Grantee may use the Easement Area only for the stated purpose and within the stated scope.

Access hours or operational limits: [________________________________]

Construction and installation standards: [________________________________]

Permits and governmental approvals allocated to: [________________________________]

Restoration after work: [________________________________]

Grantor's retained use, so long as it does not interfere with the express easement rights: [________________________________]

Prohibited uses: [________________________________]

Relocation, if any, requires: [WRITTEN CONSENT / CONDITIONS / COST ALLOCATION / NEW DESCRIPTION / RECORDED AMENDMENT].

6. Maintenance, Costs, and Risk Allocation

This form does not impose a fixed insurance limit, indemnity, liability cap, consequential-damages exclusion, or force-majeure allocation. Any negotiated provision must identify the covered conduct, claims, parties, insurance interaction, survival, and nonwaivable limits:

[____________________________________________________________]

7. Title, Priority, Homestead, and Consent Gate

• ☐ Current title evidence identifies every owner of the Servient Estate and any Dominant Estate.
• ☐ The legal descriptions and Easement Area were prepared or reviewed by a qualified surveyor or title professional.
• ☐ Existing easements, restrictions, leases, mineral interests, utilities, possession rights, and access rights were reviewed.
• ☐ Each mortgagee, lienholder, tenant, co-owner, association, governmental entity, and other person whose consent, subordination, joinder, or approval may be required has been identified.
• ☐ The intended priority against existing and future interests is documented.
• ☐ Zoning, permitting, environmental, drainage, utility, road-access, and subdivision requirements were reviewed.

K.S.A. 58-2222 provides that a properly certified and recorded instrument imparts notice from filing and that subsequent purchasers and mortgagees are deemed to purchase with notice. Recording does not establish ownership, authority, adequate descriptions, required consent, lawful purpose, or priority over an earlier interest.

Homestead Review

K.S.A. 60-2301 bars alienation of the qualifying homestead described there without joint consent of husband and wife when that relation exists.

☐ The Servient Estate is not a qualifying homestead.

☐ The Servient Estate is or may be a qualifying homestead. Obtain the joint consent and execution required after Kansas counsel confirms the owners and status.

☐ Homestead status is uncertain and must be resolved before execution.

8. Transfer, Benefit, and Burden

The intended transfer rules are:

[____________________________________________________________]

Identify whether and how the benefit may be assigned, divided, sublicensed, or used by affiliates, contractors, customers, tenants, or successors. No assignment or successor clause expands the physical scope or purpose stated in Section 3.

The parties intend any obligations affecting the Servient Estate to be stated precisely in the recorded instrument. Kansas title counsel must determine their effect on later owners. Notice procedure, if desired: [________________________________].

9. Breach and Remedies

Notice address and method: [________________________________]

Cure period, if appropriate: [________________________________]

Available remedies remain subject to applicable law and proof. This Agreement does not make injunctive relief, specific performance, attorney fees, self-help, damages, waiver of security or bond, arbitration, exclusive forum, or jury waiver automatic.

Negotiated remedies or dispute terms, if any, must be separately drafted and reviewed:

[____________________________________________________________]

A breach notice, default declaration, bankruptcy event, or one party's recorded affidavit does not terminate or erase the easement under this form.

10. Amendment and Termination

This easement may be amended or terminated only through a legally sufficient route applicable to every estate and interest then existing, followed by recording when needed to protect title.

Potential routes selected and drafted by counsel:

☐ Recorded release signed and acknowledged by the current easement holder and every other required person

☐ Recorded agreement signed and acknowledged by all required current owners and holders

☐ Stated fixed expiration or condition: [________________________________]

☐ Recorded court order or judgment

☐ Other legally reviewed route: [________________________________]

This form does not declare that nonuse alone, breach, bankruptcy, transfer, a private affidavit, condemnation, or common ownership automatically clears title. Kansas counsel must analyze any claimed termination and prepare the recordable evidence.

11. Recording and Description Review

K.S.A. 58-2221 permits an acknowledged or proved and certified written instrument affecting real estate to be recorded with the register of deeds in the county where the real estate is situated. At recording, furnish the full name and last known post-office address of the person receiving the property interest or that person's designee.

Before presentation for recording, Kansas counsel or the closing professional shall confirm:

• current county formatting, margin, indexing, return-address, parcel, cover-sheet, original-signature, and electronic-recording requirements;
• recording fees and any sales-validation, transfer, documentary, or other tax treatment;
• the recordable event and names and capacities used in indexing fields;
• every consent, joinder, subordination, release, and referenced exhibit; and
• that each acknowledgment matches the signer's actual individual or representative capacity.

12. Execution

Grantor

Signature: ________________________________________

Printed legal name: [________________________________]

Capacity: [________________________________]

Date: [__/__/____]

Grantor's Husband or Wife — Joint Homestead Consent, If Required

Signature: ________________________________________

Printed legal name: [________________________________]

Date: [__/__/____]

Grantee — Acceptance of Express Obligations

Signature: ________________________________________

Printed legal name: [________________________________]

Capacity: [________________________________]

Date: [__/__/____]

Kansas Acknowledgment Certificate

Use a certificate completed for each signer whose acknowledgment is required for the intended recording. The notarial officer may replace this draft with another certificate that complies with current Kansas law.

State of [________________________________]

County of [________________________________]

This record was acknowledged before me on [__/__/____] by [SIGNER NAME], acting as [INDIVIDUAL / REPRESENTATIVE CAPACITY] for [PRINCIPAL OR ENTITY, IF ANY].

Notarial officer signature: ________________________________________

Title of office: [________________________________]

Commission expiration, if any: [__/__/____]

Official stamp: [AFFIX OR ATTACH AS REQUIRED]

K.S.A. 53-5a05 requires the acknowledgment officer to determine the appearing individual's identity and signature. K.S.A. 53-5a16 requires a contemporaneous certificate containing the officer's signature and date, jurisdiction, title, and, for a notary public, commission expiration if any; it also governs the official stamp and attachment of the certificate.

Exhibit A — Servient Estate

[FULL LEGAL DESCRIPTION]

Exhibit B — Dominant Estate

[FULL LEGAL DESCRIPTION OR "NOT APPLICABLE — NO DOMINANT ESTATE IDENTIFIED"]

Exhibit C — Easement Area

[METES-AND-BOUNDS, CENTERLINE AND WIDTH, OR OTHER PRECISE DESCRIPTION]

[ATTACH SURVEY OR DRAWING IF USED; STATE WHETHER TEXT OR DRAWING CONTROLS]

Recording Checklist

• ☐ Grantor and Grantee names, capacities, addresses, and authority are complete.
• ☐ All names match title evidence, signatures, acknowledgments, and indexing instructions.
• ☐ The Servient Estate, any Dominant Estate, and Easement Area descriptions are complete and internally consistent.
• ☐ Grantor execution satisfies K.S.A. 58-2209.
• ☐ Every required husband or wife has joined in homestead consent under K.S.A. 60-2301.
• ☐ Each acknowledgment and certificate satisfies K.S.A. 53-5a05 and 53-5a16.
• ☐ The K.S.A. 58-2221 recipient or designee address is complete.
• ☐ Current title, priority, consent, subordination, fee, format, and tax reviews are complete.

Sources and References

• Kansas Office of Revisor of Statutes, K.S.A. 58-2205: https://www.ksrevisor.gov/statutes/chapters/ch58/058_022_0005.html
• Kansas Office of Revisor of Statutes, K.S.A. 58-2209: https://www.ksrevisor.gov/statutes/chapters/ch58/058_022_0009.html
• Kansas Office of Revisor of Statutes, K.S.A. 60-2301: https://www.ksrevisor.gov/statutes/chapters/ch60/060_023_0001.html
• Kansas Office of Revisor of Statutes, K.S.A. 53-5a05: https://www.ksrevisor.gov/statutes/chapters/ch53/053_005a_0005.html
• Kansas Office of Revisor of Statutes, K.S.A. 53-5a16: https://www.ksrevisor.gov/statutes/chapters/ch53/053_005a_0016.html
• Kansas Office of Revisor of Statutes, K.S.A. 58-2221: https://www.ksrevisor.gov/statutes/chapters/ch58/058_022_0021.html
• Kansas Office of Revisor of Statutes, K.S.A. 58-2222: https://www.ksrevisor.gov/statutes/chapters/ch58/058_022_0022.html
• Kansas Secretary of State, 2026 statutes repealed, amended, or revived: https://sos.ks.gov/publications/sessionlaws/2026/2026-Amended-Repealed.html