EASEMENT (PREDIAL SERVITUDE) AGREEMENT

[// GUIDANCE: Louisiana terminology for real property easements is “predial servitudes.” Both terms are used interchangeably below to facilitate multi-state comprehension while maintaining Louisiana Civil Code accuracy.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
    A. Grant of Easement
    B. Purpose and Use
    C. Location and Description
    D. Term; Termination
    E. Maintenance and Repair
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

EASEMENT (PREDIAL SERVITUDE) AGREEMENT
(this “Agreement”)

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

1. [GRANTOR LEGAL NAME], a [STATE OF ORGANIZATION] [ENTITY TYPE] having a principal address at [ADDRESS] (“Grantor” or “Servient Estate Owner”); and
2. [GRANTEE LEGAL NAME], a [STATE OF ORGANIZATION] [ENTITY TYPE] having a principal address at [ADDRESS] (“Grantee” or “Dominant Estate Owner”).

Grantor and Grantee are sometimes referred to individually as a “Party” and collectively as the “Parties.”

Recitals
A. Grantor is the owner of certain immovable property situated in the Parish of [PARISH], State of Louisiana, more particularly described on Exhibit A attached hereto (the “Servient Estate”).
B. Grantee owns or will acquire certain immovable property/rights identified on Exhibit B (the “Dominant Estate”).
C. Grantee desires, and Grantor is willing to grant, a predial servitude/easement upon the Servient Estate under the terms and conditions set forth herein.
D. The Parties intend that this Agreement be executed in authentic form before a notary public and two witnesses and duly recorded in the conveyance records of [PARISH] Parish, Louisiana, so as to be effective against third persons in accordance with La. Civ. Code art. 3329 and related recording statutes.

NOW, THEREFORE, in consideration of the mutual covenants, promises, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

II. DEFINITIONS

Unless otherwise indicated, capitalized terms have the meanings set forth below.

“Actual Damages” means direct damages proven in fact and arising naturally from a breach, but excludes consequential, punitive, special, exemplary, and similar damages.

“Applicable Law” means the Louisiana Civil Code, the Louisiana Revised Statutes, regulations of the State of Louisiana, and any federal laws applicable to real property located in Louisiana.

“Easement Area” means the portion of the Servient Estate burdened by the Easement, as legally described in Exhibit C and depicted on the survey in Exhibit D.

“Easement Purposes” has the meaning assigned in Section III.B.

“Force Majeure Event” has the meaning assigned in Section VII.D.

“Indemnified Parties” has the meaning assigned in Section VII.A.

“Term” has the meaning assigned in Section III.D.

[// GUIDANCE: Add, delete, or modify defined terms to align with deal-specific requirements.]

III. OPERATIVE PROVISIONS

A. Grant of Easement

1. Grantor hereby grants, conveys, and establishes in favor of Grantee, its successors and assigns, a perpetual, non-exclusive predial servitude/easement (the “Easement”) over, across, under, and through the Easement Area for the Easement Purposes, together with all ancillary rights reasonably necessary to exercise the Easement Purposes.
2. This Easement is granted pursuant to and shall be governed by La. Civ. Code arts. 646 et seq.

B. Purpose and Use

The Easement is granted for the following purposes (collectively, the “Easement Purposes”):
a. [UTILITY] – installation, operation, maintenance, repair, and replacement of [TYPE OF UTILITIES];
b. [ACCESS] – ingress, egress, and vehicular/pedestrian passage; and
c. any other lawful purpose incidental to or reasonably necessary for the foregoing.

C. Location and Description

1. The Easement Area shall be the area depicted on the survey attached as Exhibit D and legally described in Exhibit C.
2. Any material relocation of the Easement Area requires the prior written consent of both Parties and the execution and recordation of an amendment hereto.

D. Term; Termination

1. Term. The Easement shall commence on the Effective Date and continue [IN PERPETUITY / FOR __ YEARS] (the “Term”), unless sooner terminated as provided herein.
2. Automatic Termination Events:
   a. Confusion/Merger – if title to the Dominant and Servient Estates are united in the same owner;
   b. Non-Use – if the Easement is not exercised for a continuous ten-year period, in accordance with La. Civ. Code art. [ARTICLE NUMBER]; or
   c. Expiration of Term** – upon the natural expiration of a fixed Term if elected above.
3. Termination by Written Instrument. The Parties may terminate this Agreement at any time by executing and recording a written act of partial or total release in authentic form.
4. Termination for Breach. Either Party may terminate pursuant to Section VI following an uncured Event of Default.

[// GUIDANCE: Insert any additional Louisiana-specific termination mechanisms, e.g., renunciation or judicial dissolution, as appropriate.]

E. Maintenance and Repair

1. Unless otherwise agreed in writing, Grantee shall, at its sole cost, maintain, repair, and, if necessary, replace all improvements installed within the Easement Area.
2. Grantee shall keep the Easement Area reasonably free from debris and shall restore any disturbed surface or vegetation to a condition substantially similar to its pre-disturbance condition, reasonable wear and tear excepted.
3. Grantor shall not unreasonably interfere with Grantee’s lawful use of the Easement Area and shall not erect improvements within the Easement Area that materially impair the Easement Purposes without Grantee’s prior written consent.

IV. REPRESENTATIONS & WARRANTIES

1. Authority. Each Party represents that it has full right, power, and authority to execute and deliver this Agreement and to perform its obligations hereunder.
2. Title. Grantor represents that it is the lawful owner of the Servient Estate, free and clear of all liens and encumbrances materially interfering with the Easement, and that it has not previously conveyed rights inconsistent with the Easement.
3. No Litigation. Each Party represents that, to its knowledge, no action, suit, or proceeding is pending or threatened that would impair its ability to perform this Agreement.
4. Compliance with Law. Each Party warrants that its execution, delivery, and performance of this Agreement does not violate any Applicable Law.
5. Survival. The representations and warranties set forth in this Section IV shall survive Closing and recording for a period of [__] years.

V. COVENANTS & RESTRICTIONS

1. Use Restrictions. Grantor shall not perform or permit any activity within the Easement Area that unreasonably interferes with the Easement Purposes.
2. Cooperation. Grantor agrees to execute, acknowledge, and deliver all documents reasonably required to confirm or perfect the rights granted herein, including curative instruments to satisfy title insurers or governmental authorities.
3. Insurance. Grantee shall maintain at least [INSERT COVERAGES/LIMITS] commercial general liability insurance naming Grantor as an additional insured.
4. Notice of Transfer. Each Party shall give the other no fewer than [30] days’ written notice prior to transferring any interest in its respective estate.

VI. DEFAULT & REMEDIES

1. Events of Default. The following constitute an “Event of Default”:
   a. Material breach of any covenant, obligation, representation, or warranty that continues unremedied for [30] days after written notice ([60] days if the breach is not reasonably curable within 30 days and the breaching Party diligently pursues cure).
2. Remedies. Upon an Event of Default, the non-defaulting Party may:
   a. seek specific performance, injunctive relief, or declaratory judgment;
   b. enforce termination under Section III.D.4;
   c. recover Actual Damages and, if provided herein, attorneys’ fees; and
   d. pursue any other remedy available at law or in equity.
3. Attorneys’ Fees. The prevailing Party in any action to enforce this Agreement shall be entitled to reasonable attorneys’ fees and court costs.

VII. RISK ALLOCATION

A. Indemnification

Grantee shall indemnify, defend, and hold harmless Grantor and its officers, directors, employees, and agents (collectively, “Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
1. Grantee’s negligent acts or omissions within the Easement Area;
2. any breach of this Agreement by Grantee; or
3. Grantee’s failure to comply with Applicable Law.

B. Limitation of Liability

EXCEPT FOR (i) A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, (ii) OBLIGATIONS TO INDEMNIFY, OR (iii) UNAUTHORIZED HOLDING-OVER, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY DAMAGES OTHER THAN ACTUAL DAMAGES.

C. Insurance Requirements

[INSERT DETAILED INSURANCE REQUIREMENTS OR REFERENCE SECTION V.3]

D. Force Majeure

Neither Party shall be liable for delay or failure in performance caused by strikes, acts of God, governmental regulation, war, terrorism, or other events beyond its reasonable control (“Force Majeure Event”), provided the affected Party gives prompt written notice and resumes performance as soon as practicable.

VIII. DISPUTE RESOLUTION

1. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Louisiana, without regard to conflict-of-laws principles.
2. Forum Selection. The Parties irrevocably submit to the exclusive jurisdiction of the state courts located in [PARISH] Parish, Louisiana.
3. Optional Arbitration. [ARBITRATION BOX: ☐ CHECK IF APPLICABLE] If this box is checked, any dispute shall be resolved by binding arbitration administered by [ADMINISTRATOR] in accordance with its [RULES], and judgment on the award may be entered in any court of competent jurisdiction.
4. Jury Waiver. [☐ INSERT JURY TRIAL WAIVER IF ELECTED]
5. Injunctive Relief. Each Party acknowledges that monetary damages may be an inadequate remedy and agrees that specific performance and injunctive relief shall be available to prevent or cure any breach.

IX. GENERAL PROVISIONS

1. Amendments; Waivers. No modification of this Agreement shall be effective unless in writing, executed by authorized representatives of both Parties, and recorded in the conveyance records of [PARISH] Parish.
2. Assignment. Grantee may assign its rights in whole or in part to any successor owner of the Dominant Estate without Grantor’s consent. Any other assignment requires Grantor’s prior written consent, not to be unreasonably withheld. This Agreement shall bind and benefit the Parties and their respective successors and assigns.
3. Severability. If any provision is held invalid or unenforceable, the remainder shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to reflect the Parties’ intent.
4. Integration. This Agreement, together with all exhibits and any documents recorded in connection herewith, constitutes the entire agreement between the Parties with respect to the Easement and supersedes all prior understandings.
5. Counterparts; Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original. Signatures delivered electronically or by facsimile shall be deemed original signatures.

X. EXECUTION BLOCK

Executed in multiple originals on the dates indicated below, before the undersigned Notary Public and the undersigned competent witnesses, in accordance with Louisiana law.

GRANTOR:

[GRANTOR LEGAL NAME]
By: _____
Name: [NAME]
Title: [TITLE]
Date: _________

GRANTEE:

[GRANTEE LEGAL NAME]
By: _____
Name: [NAME]
Title: [TITLE]
Date: _________

WITNESSES:

1. _____ (Print Name: ________)
2. _____ (Print Name: ________)

NOTARY PUBLIC:

Notary Public Signature
Printed Name: _____
Notary ID/Bar No.: ___
My Commission Expires: ______

EXHIBIT LIST

Exhibit A – Legal Description of Servient Estate
Exhibit B – Legal Description of Dominant Estate
Exhibit C – Legal Description of Easement Area
Exhibit D – Survey/Plat of Easement Area

[// GUIDANCE: Attach requisite exhibits in recordable form. Confirm metes-and-bounds descriptions meet Louisiana parish recording standards, including section, township, range, reference to plat book/page numbers, and municipal addresses, if any.]

Citation Note: The definition of a predial servitude is codified at La. Civ. Code art. 646 (2023). No further citations are included to avoid potential inaccuracy.