Easement Agreement - Louisiana

EASEMENT (PREDIAL SERVITUDE) AGREEMENT

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 choose authentic-act execution under La. Civ. Code arts. 1833 and 1839 and intend to record this instrument in the conveyance records of [PARISH] Parish so that the created real right may affect third persons under arts. 1839 and 3338. Repealed article 3329 is not authority for this instrument.

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.

“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.

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

III. OPERATIVE PROVISIONS

A. Grant of Easement

1. Under La. Civ. Code art. 708, Grantor hereby establishes by title in favor of the Dominant Estate a [PERPETUAL / FIXED-TERM], [EXCLUSIVE / NONEXCLUSIVE] predial servitude (the “Easement”) over the Easement Area for the precisely stated Easement Purposes.
2. The Servient Estate and Dominant Estate belong to different owners as required by La. Civ. Code art. 646. If that fact is not true at execution, stop and have Louisiana counsel select a legally supportable instrument.
3. Under La. Civ. Code art. 650, the Easement is inseparable from and passes with the Dominant Estate; the right of use is not separately alienated, leased, or encumbered.

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. Selected statutory extinction routes. Counsel shall determine and document whether the Easement has ended through:

a. permanent and total destruction described in La. Civ. Code art. 751;
b. ten years of legally measured nonuse under art. 753 and the related commencement, use, and proof provisions;
c. acquisition of the Dominant and Servient Estates in their entirety by the same person under art. 765;
d. express written renunciation by the owner of the Dominant Estate under art. 771; or
e. expiration of a valid fixed Term under art. 773.

3. Recorded evidence of termination. The current owner of the Dominant Estate shall execute any express renunciation. Any instrument modifying or terminating the created real right shall be prepared and recorded as required for effect against third persons under La. Civ. Code art. 3338.

4. No automatic breach forfeiture. Breach of a personal covenant does not, by this form alone, extinguish the recorded predial servitude. Section VI governs personal-obligation remedies; any termination theory requires separate Louisiana counsel review and record-clearing documentation.

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. Reliance and duration. State which representations, if any, survive execution and recording, for how long, and for whose benefit: [________________________________].

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. If selected as a personal covenant, an owner shall give the identified recipient notice of a contemplated estate transfer: [NOTICE / RECIPIENT / TIMING: ________________________________]. Failure to give notice does not separately transfer or extinguish the Easement.

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 relief available for the breached personal obligation after counsel reviews the facts, agreement, and current law;
   b. request a declaration concerning the scope, use, maintenance, or status of the Easement; and
   c. pursue damages or equitable relief only when supported by the governing obligation and current law.

3. Fees and costs. Each Party bears its own fees and costs unless a completed, counsel-approved clause or applicable law provides otherwise: [________________________________].

VII. RISK ALLOCATION

A. Risk-Allocation Schedule

Do not use a generic indemnity or damages limitation to alter ownership, servitude, third-party, environmental, bodily-injury, insurance, or public-law consequences. Louisiana counsel shall complete any negotiated allocation after reviewing the actual use and parties:

B. Insurance Requirements

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

C. Delay Events

Any delay clause applies only to identified personal performance duties and does not suspend, relocate, expand, terminate, or separately transfer the real right: [________________________________].

VIII. DISPUTE RESOLUTION

1. Governing law. Louisiana law governs the created real right and the Louisiana immovables.
2. Forum and venue gate. Louisiana counsel shall identify the court and parish authorized for the actual real or personal action before filing: [________________________________].
3. Arbitration gate. Do not arbitrate title, registry, third-party, or record-clearing issues unless counsel confirms arbitrability, required parties, interim relief, and the method for obtaining a recordable result. Selected personal-obligation arbitration terms: [________________________________].
4. Jury demand or waiver. Use a separate, conspicuous, counsel-approved election only if enforceable for the parties and dispute: [________________________________].
5. Interim and final relief. A party may request only relief supported by the pleaded obligation, the evidence, and current law; this clause does not promise bondless or automatic injunctive relief.

IX. GENERAL PROVISIONS

1. Amendments; waivers. Amendments to personal obligations must be written and signed as selected by counsel. An instrument that modifies or terminates the created real right must be recorded to affect third persons under La. Civ. Code art. 3338.
2. Passage with the Dominant Estate. The Easement passes with the Dominant Estate and may not be separately alienated, leased, or encumbered, as stated in La. Civ. Code art. 650. Any notice-of-transfer covenant is personal and is not a condition on that statutory passage.
3. Severability. If a personal-obligation provision is held invalid, counsel shall determine the effect without assuming a court may rewrite the created real right.
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. Execution and recording copies. Use only counterparts, signatures, acknowledgments, and electronic-recording procedures accepted by the acting notary and the parish recorder for this authentic act. A transmitted image alone is not declared an original by this form.

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.: ___________________
Notary ID / commission information, if applicable: ______________

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

Current official sources and operative quotations appear in the frontmatter. Recheck them and the parish recording requirements before execution.