Easement Agreement - Kentucky

EASEMENT AGREEMENT

Commonwealth of Kentucky

Before you use this: Complete the title, survey, spousal-interest, consent, consideration, and county recording fields with Kentucky counsel. Select one easement classification and duration and remove unused alternatives. This form uses original paper signatures and in-person notarization.

Recording information

County of recording: [________________________________]

Parcel identification number, if required by the county indexing system: [________________________________]

After recording return to: [NAME AND MAILING ADDRESS]

This instrument was prepared by: [INDIVIDUAL PREPARER'S NAME]

Preparer's mailing address: [________________________________]

Preparer's signature: [________________________________]

The signed preparer statement, Grantee mailing address, and county indexing requirements are addressed by KRS 382.335. The return address is a delivery instruction.

1. DOCUMENT HEADER

This Easement Agreement (this “Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

1. [GRANTOR LEGAL NAME], [INDIVIDUAL / ENTITY TYPE AND STATE OF FORMATION], with mailing address [ADDRESS] (“Grantor”); and
2. [GRANTEE LEGAL NAME], [INDIVIDUAL / ENTITY TYPE AND STATE OF FORMATION], with mailing address [ADDRESS] (“Grantee”).

(Each a “Party” and, collectively, the “Parties.”)

1.1 Recitals

A. Grantor is the fee simple owner of certain real property located in [COUNTY], Kentucky, more particularly described on Exhibit A attached hereto and incorporated herein (the “Servient Parcel”).
B. Select the interest granted:

☐ Appurtenant: Grantee owns the Dominant Parcel described in Exhibit B. The Parties intend the Easement to benefit that parcel.

☐ In gross: The Easement benefits the named Grantee for the stated purpose; no Dominant Parcel is identified. Mark Exhibit B “not applicable” and complete the transfer terms in Section 9.2.

C. Grantee desires the easement described in Section 3 across the area described in Exhibit C (the “Easement Area”), subject to this Agreement.

D. For the consideration and payment terms stated in Section 3.6, the Parties agree as follows.

2. DEFINITIONS

Capitalized terms used but not otherwise defined have the meanings set forth below.

2.1 “Improvements” means the installations and structures authorized in Section 3.1.
2.2 “Applicable Law” means all statutes, regulations, codes, ordinances, and common-law principles of the Commonwealth of Kentucky and the United States, in each case to the extent applicable to the Easement, the Parties, or the subject matter hereof.
2.3 “Dominant Parcel” means the benefited parcel identified for an appurtenant Easement, if selected.
2.4 “Easement” has the meaning set forth in Section 3.1.
2.5 “Easement Area” has the meaning set forth in the Recitals.
2.6 “Event of Default” has the meaning set forth in Section 6.1.
2.7 “Force Majeure Event” has the meaning set forth in Section 7.4.
2.8 “Hazardous Materials” means any substance regulated under federal, state, or local environmental law.
2.9 “Maintenance Standards” means the standards set forth in Section 5.2.
2.10 “Term” has the meaning set forth in Section 3.4.

3. OPERATIVE PROVISIONS

3.1 Grant of Easement

Subject to the terms and conditions of this Agreement, Grantor hereby grants and conveys to Grantee, its successors and permitted assigns, the [APPURTENANT / IN-GROSS] easement selected above (the “Easement”) over, across, and through the Easement Area for the purposes of:
a. [PURPOSE 1 – e.g., ingress, egress, and regress];
b. [PURPOSE 2 – e.g., installation, operation, maintenance, repair, replacement, and removal of utility lines]; and
c. [OTHER PURPOSES].

Authorized users, vehicles, installations, hours, access limits, and construction specifications: [________________________________]

Easement width, location, and dimensions: As described in Exhibit C, including [________________________________].

3.2 Rights Appurtenant

If designated as “appurtenant,” the parties intend the Easement to benefit the identified Dominant Parcel and burden the identified Servient Parcel for the Term. The permitted use is limited to the purposes and users stated in Section 3.1.

3.3 Exclusivity

Select one:

☐ Non-exclusive: Grantor reserves compatible use of the Easement Area and shall not authorize uses that unreasonably interfere with the permitted use.

☐ Exclusive as specified: The exclusive rights and any reserved Grantor rights are [________________________________].

3.4 Term

The selected duration is the “Term.”

☐ Perpetual: The Easement shall be perpetual unless terminated pursuant to Section 3.5.

☐ Term-limited: The Easement shall commence on the Effective Date and continue for [TERM YEARS] years, unless sooner terminated as herein provided.

3.5 Termination

The Parties agree to the following termination terms:

1. A written release signed by the holder of the Easement and recorded in the proper county clerk's office;
2. Expiration of the stated term, if the term-limited alternative is selected; or
3. Termination established by a final court order or another applicable legal basis, with any required recordable documentation.

A breach notice or period of nonuse under this Agreement does not give Grantor a contractual right to extinguish the Easement unilaterally. Any asserted merger, abandonment, prescription, or other legal termination must be resolved under applicable law rather than assumed from this clause.

Upon any termination, Grantee shall, at its sole cost, restore the Easement Area to a condition reasonably equivalent to that existing prior to installation of Grantee’s Improvements, reasonable wear and tear excepted.

3.6 Consideration

Full consideration for this grant: [________________________________]

Payment terms, if any: [________________________________]

Estimated fair cash value of the interest conveyed, if a gift or nominal/no-consideration transfer: $[________________________________]

Exchange value and description, if applicable: [________________________________]

Complete Section 10.4 unless a specific KRS 382.135(2) exception applies. The exceptions for deeds conveying only utility easements and for rights-of-way involving governmental agencies do not remove the full-name and mailing-address requirements in KRS 382.135(1)(a)-(b).

Selected exception, if any, and facts supporting it: [________________________________]

3.7 Delivery and conditions

Delivery date and recipient: [________________________________]

Permits, lender or other consents, and title conditions to be satisfied before delivery: [________________________________]

Date for satisfying conditions and consequence of nonfulfillment: [________________________________]

3.8 Immediate source of Grantor's title

For each source, identify the part of the property or interest derived from it. KRS 382.110(2), (4), and (5) address the source-of-title requirements for covered conveyances.

☐ Recorded instrument: From [PRIOR OWNER / INSTRUMENT], recorded on [__/__/____] in [OFFICE], Book [____], Page [____], concerning [PROPERTY OR INTEREST].

☐ Unrecorded source: From [PERSON], by [CLEAR DESCRIPTION OF HOW TITLE WAS OBTAINED], concerning [PROPERTY OR INTEREST].

Additional sources: [________________________________]

Spousal, co-owner, lienholder, tenant, or other interests; required joining parties or separate consents: [________________________________]

4. REPRESENTATIONS & WARRANTIES

4.1 Mutual Representations. Each Party represents that the following information is accurate:

Individual or entity status and name: [________________________________]

Signer and capacity: [________________________________]

Authority document, approval, or other basis for signing: [________________________________]

Other approvals or consents: [________________________________]

4.2 Grantor Representations. Grantor further represents and warrants that:
a. Grantor owns the interest described in the title information above, subject to the following liens, encumbrances, reservations, and other disclosed interests: [________________________________];
b. Grantor has not previously granted any easement, license, or encumbrance that would conflict with the Easement;
c. No litigation or condemnation proceeding is pending or threatened that would adversely affect the Easement.

4.3 Survival. The representations and warranties set forth in this Article 4 shall survive the recordation of this Agreement for a period of [X] years.

5. COVENANTS & RESTRICTIONS

5.1 Grantor Covenants

a. Non-Interference. Grantor shall not interfere with Grantee’s lawful use of the Easement.
b. Access. Grantor shall provide Grantee with reasonable access to the Easement Area for the purposes stated herein.

5.2 Grantee Covenants

a. Maintenance. Grantee shall maintain the Easement Area and any Improvements installed therein in a safe, orderly, and good condition consistent with industry standards (the “Maintenance Standards”).
b. Compliance. Grantee shall comply with all Applicable Law, including obtaining all permits.
c. Restoration. Upon completion of any work, Grantee shall repair any damage to the Servient Parcel caused by Grantee’s activities.

5.3 Notice & Cure

A Party alleging breach of any covenant shall give written notice describing the breach in reasonable detail. The breaching Party shall have [____] days to cure, with any agreed extension as follows: [________________________________]. This is the Parties’ contractual cure period.

5.4 Running with Land

Each covenant intended to bind successors must be identified here and reviewed for whether it runs with the land, is enforceable as an equitable servitude, or remains only a personal contractual obligation:

[________________________________]

6. DEFAULT & REMEDIES

6.1 Events of Default

Each of the following constitutes an “Event of Default”:

1. A material breach of any representation, warranty, or covenant not cured within the applicable cure period;
2. Failure to make a payment when due that continues for the agreed period of [____] days after written notice.

6.2 Notice & Cure Procedure

Before exercising any remedy, the non-defaulting Party shall deliver a written Notice of Default specifying the Event of Default and the applicable cure period.

6.3 Remedies

After an uncured Event of Default, either Party may seek relief available under applicable law, including damages or an order addressing the permitted use. Any request for specific performance, injunctive relief, or termination is subject to the court's governing standards. The remedy requested must be consistent with Section 3.5 and the interest granted.

Agreed arrangements for emergency repairs or substitute performance, including access and cost allocation: [________________________________]

6.4 Attorneys’ Fees

Each Party bears its own attorneys' fees unless this Agreement includes a separately reviewed contractual fee provision or a court or applicable law authorizes an award. Court costs are allocated as ordered.

7. RISK ALLOCATION

7.1 Responsibility for damage and claims

Each Party shall repair damage caused by its activities under this Agreement. The Parties' additional allocation of third-party claims, defense, indemnity, and any exclusions is:

[________________________________]

7.2 Additional risk terms

Any separately negotiated risk allocation is stated here or in a signed attached rider identified here:

[________________________________]

7.3 Insurance

Grantee shall maintain, at its own expense, commercial general liability insurance with limits of not less than [LIMIT] per occurrence and [LIMIT] in the aggregate, naming Grantor as an additional insured. Grantor shall maintain property insurance customary for owners of similar property.

7.4 Force Majeure

Neither Party shall be liable for delay or failure in performance resulting from acts beyond its reasonable control (“Force Majeure Event”), provided that such Party gives prompt notice and uses commercially reasonable efforts to mitigate the effects.

8. DISPUTE RESOLUTION

8.1 Governing Law

This Agreement and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, without regard to conflict-of-laws principles.

8.2 Forum Selection

The Parties select [COUNTY] County, Kentucky, as their contractual forum, subject to applicable jurisdiction and venue requirements.

8.3 Negotiation

Before commencing a proceeding, the Parties agree to attempt negotiation for [____] days after a written dispute notice, except when urgent relief is sought.

8.4 Separate dispute agreement

Any later agreement to mediate or arbitrate shall be in a separate writing signed by both Parties.

8.5 Injunctive Relief

Either Party may request temporary, preliminary, or permanent equitable relief from a court of competent jurisdiction. The requesting Party must satisfy the governing standards and any security requirement; this Agreement does not waive a court's authority to require a bond or other security.

9. GENERAL PROVISIONS

9.1 Amendments & Waivers. No amendment or waiver of any provision shall be effective unless in a writing signed by the Party against whom enforcement is sought.

9.2 Assignment. The Parties intend the appurtenant benefit to accompany ownership of the Dominant Parcel. Complete any transfer limits and successor obligations for that selection: [________________________________]. For an in-gross Easement, complete the permitted transfers and consent requirements: [________________________________]. No transfer may enlarge the permitted use under Section 3.1.

9.3 Successors & Assigns. This Agreement shall bind and benefit the Parties and their respective successors and permitted assigns.

9.4 Severability. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be interpreted to best accomplish its intended purpose.

9.5 Entire Agreement. This Agreement, including all Exhibits, constitutes the entire agreement between the Parties regarding the Easement and supersedes all prior or contemporaneous agreements.

9.6 Execution method. The Parties shall execute the recordable instrument with original paper signatures and in-person acknowledgment. Copies may be exchanged for convenience; the original acknowledged instrument shall be submitted for recording.

9.7 Notices. All notices shall be in writing and delivered (i) by personal delivery, (ii) by nationally recognized overnight courier, or (iii) by certified mail, return receipt requested, to the addresses set forth in the preamble (or as later designated). Notice is effective upon receipt.

9.8 Further Assurances. The Parties shall execute and deliver such additional documents as reasonably necessary to carry out the intent of this Agreement, including any memorandum suitable for recording.

9.9 Recording. KRS 382.010 requires a deed or will to convey an estate of inheritance or freehold, or a term exceeding one year. This instrument contains the operative grant and is prepared for recording. KRS 382.110(1) places recording in the county clerk's office where the property, or its greater part, is located. KRS 382.130 permits the specified acknowledgment or proof routes; this form uses acknowledgment before a notary public.

Property-tax bill in-care-of address for the transfer year, unless a KRS 382.135(2) exception applies: [________________________________]

KRS 142.050(1)(a) excludes an easement from its definition of a deed subject to the real-estate transfer tax. This tax exclusion is separate from the deed-content requirements in KRS 382.135. If this instrument also conveys another property interest, identify that conveyance and its separate tax treatment: [________________________________].

Party responsible for lodging the original instrument and exhibits: [________________________________]

Agreed recording date and allocation of recording costs: [________________________________]

10. EXECUTION & ACKNOWLEDGMENT

IN WITNESS WHEREOF, the Parties have executed this Easement Agreement as of the Effective Date.

10.1 Grantor

Grantor full legal name: [________________________________]

Signature: [________________________________]

Signer printed name: [________________________________]

Capacity or title: [________________________________]

Date: [__/__/____]

10.2 Grantee

Grantee full legal name: [________________________________]

Signature: [________________________________]

Signer printed name: [________________________________]

Capacity or title: [________________________________]

Date: [__/__/____]

10.3 Acknowledgment — complete separately for each signer

State: [________________________________]

County: [________________________________]

The foregoing instrument was acknowledged before me on [__/__/____] by [SIGNER'S NAME], [IN THE INDIVIDUAL'S OWN CAPACITY / AS TITLE OF ENTITY, ON ITS BEHALF].

Notary signature: [________________________________]

Notary printed name: [________________________________]

Title: Notary Public

Commission number: [________________________________]

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

Official stamp, if used: [________________________________]

Manner of notarization: In person, tangible record.

KRS 423.360 requires the certificate information, including the notary's name, title, commission number, and expiration date if any. KRS 423.370 does not require a stamp; if one is used, it must satisfy that section.

10.4 Sworn consideration certificate — complete unless Section 3.6 identifies an applicable exception

Select the applicable statement:

☐ Grantor and Grantee certify that the full consideration stated in Section 3.6 is the full consideration paid for the interest conveyed.

☐ Grantor and Grantee certify that this is a transfer by gift or with nominal or no consideration and that the estimated fair cash value of the interest conveyed is $[________________________________].

Grantor or authorized agent name and capacity: [________________________________]

Grantor or authorized agent signature: [________________________________]

Grantee or authorized agent name and capacity: [________________________________]

Grantee or authorized agent signature: [________________________________]

State: [________________________________]

County: [________________________________]

Signed and sworn to (or affirmed) before me on [__/__/____] by [NAMES AND CAPACITIES OF PERSONS SIGNING THIS CERTIFICATE].

Notary signature: [________________________________]

Notary printed name: [________________________________]

Title: Notary Public

Commission number: [________________________________]

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

Official stamp, if used: [________________________________]

Manner of notarization: In person, tangible record.

EXHIBIT A — Servient Parcel

Complete legal description: [________________________________]

EXHIBIT B — Dominant Parcel, if appurtenant

Complete legal description, or “not applicable” for the in-gross selection: [________________________________]

EXHIBIT C — Easement Area

Complete legal description and survey identifying the location, dimensions, and authorized Improvements: [________________________________]

Sources and References

Current official Kentucky statutes are linked in the frontmatter sources. KRS 382.110 reflects 2026 Kentucky Acts chapter 113, effective July 15, 2026. Contractual use, payment, maintenance, insurance, and notice periods above are agreed terms to be completed by the Parties.