Easement Agreement - Maine

EASEMENT AGREEMENT — MAINE

Prepared by: [NAME AND MAILING ADDRESS]

After recording return to: [NAME AND MAILING ADDRESS]

This Easement Agreement is made on [DATE] by [GRANTOR FULL LEGAL NAME], of [ADDRESS] (“Grantor”), and [GRANTEE FULL LEGAL NAME], of [ADDRESS] (“Grantee”).

Grantor owns the land in [MUNICIPALITY], [COUNTY] County, Maine, described in Exhibit A (“Servient Land”). Grantee [owns the land described in Exhibit B (“Benefited Land”) / is receiving an easement in gross]. Select and complete only one alternative.

1. Grant and purpose

For [CONSIDERATION OR OTHER AGREED VALUE], receipt of which Grantor acknowledges, Grantor grants to Grantee the [NONEXCLUSIVE / EXCLUSIVE] easement over the portion of the Servient Land described and shown in Exhibit C (“Easement Area”) for this purpose only: [DESCRIBE ACCESS, UTILITY, DRAINAGE, OR OTHER SPECIFIC PURPOSE AND PERMITTED VEHICLES, EQUIPMENT, OR FACILITIES].

The easement is [SELECT ONE: appurtenant to the Benefited Land, for the benefit of its current and future owners / in gross, held by Grantee and [DESCRIBE PERMITTED SUCCESSORS OR ASSIGNS]]. The easement begins on delivery of this signed Agreement and [CONTINUES IN PERPETUITY / ENDS ON DATE OR OBJECTIVE EVENT].

2. Use of the Easement Area

Grantee may enter and use the Easement Area only to exercise the stated purpose. [DESCRIBE ANY CONSTRUCTION, INSTALLATION, REPAIR, OR REPLACEMENT RIGHTS]. Grantee shall use reasonable care, comply with applicable law, and restore physical damage caused by Grantee's work, ordinary wear excepted.

Grantor retains use of the Easement Area to the extent that use does not unreasonably interfere with the easement granted here. Neither party may obstruct the other party's expressly granted use. [DESCRIBE GATES, KEYS, HOURS, VEHICLE LIMITS, AND EMERGENCY ACCESS, IF APPLICABLE].

3. Maintenance and costs

[GRANTOR / GRANTEE / BOTH AS FOLLOWS: ______] shall maintain [ROADWAY / UTILITIES / DRAINAGE FACILITIES / OTHER] in [DESCRIBE CONDITION AND FREQUENCY]. Costs are allocated [DESCRIBE PERCENTAGES, APPROVAL PROCESS, AND PAYMENT DEADLINE]. A party undertaking work shall give the other [NUMBER] days' advance notice except for urgent work needed to protect persons or property.

4. Existing interests and consent

This grant is subject to these specifically identified prior interests and limits: [LIST WITH RECORDING REFERENCES, OR WRITE “NONE IDENTIFIED”]. Grantor represents that Grantor has authority to execute this grant. If a mortgagee, co-owner, association, or other person must consent for the intended priority or use, attach that person's written consent or subordination before recording.

5. Liability and enforcement

Each party is responsible for damage caused by that party's negligent or wrongful use of the Easement Area. Grantee shall indemnify Grantor against third-party claims to the extent caused by Grantee's exercise of this easement, except to the extent caused by Grantor's own conduct.

A party alleging breach shall give written notice describing it to the other party at the address above. The receiving party has [NUMBER] days after receipt to cure, except that either party may seek immediate relief for threatened physical harm or an obstruction requiring prompt action. Available remedies include damages and, when otherwise warranted, specific performance or injunctive relief. This notice provision does not limit any right that cannot lawfully be waived.

6. Changes, release, and recording

Any agreed change to the Easement Area, scope, duration, or benefited property must be in a written instrument signed and acknowledged by the affected owners and submitted for recording. Grantee may release the easement by a signed, acknowledged written release submitted for recording. If the easement has a stated end date, the parties may record a confirmatory release after that date.

The parties shall submit this Agreement to the [COUNTY] County Registry of Deeds for recording. The executing parties shall acknowledge it as provided by 33 M.R.S. § 203. This Agreement is governed by Maine law. Notices under this Agreement must be sent by [HAND DELIVERY / TRACKED MAIL / OTHER] to the addresses above, as changed by written notice.

Signatures

Witness [my/our] hand[s] and seal[s] this [DAY] day of [MONTH], [YEAR].

________________________________ (Seal)

[GRANTOR PRINTED NAME], Grantor

________________________________ (Seal)

[GRANTEE PRINTED NAME], Grantee

Acknowledgment of Grantor

State of [STATE]

County of [COUNTY]

This record was acknowledged before me on [__/__/____] by [GRANTOR SIGNATORY NAME], [REPRESENTATIVE CAPACITY AND ENTITY, IF ANY].

________________________________

Signature of notarial officer

Printed name: [NAME]

Title of office: [TITLE]

My commission expires: [DATE, IF A NOTARY PUBLIC]

Official stamp: [AFFIX IF REQUIRED]

Acknowledgment of Grantee

State of [STATE]

County of [COUNTY]

This record was acknowledged before me on [__/__/____] by [GRANTEE SIGNATORY NAME], [REPRESENTATIVE CAPACITY AND ENTITY, IF ANY].

________________________________

Signature of notarial officer

Printed name: [NAME]

Title of office: [TITLE]

My commission expires: [DATE, IF A NOTARY PUBLIC]

Official stamp: [AFFIX IF REQUIRED]

Exhibit A — Servient Land

[COMPLETE LEGAL DESCRIPTION OF GRANTOR'S LAND]

Exhibit B — Benefited Land (appurtenant easement only)

[COMPLETE LEGAL DESCRIPTION OF GRANTEE'S LAND; WRITE “NOT APPLICABLE” FOR AN EASEMENT IN GROSS]

Exhibit C — Easement Area

[COMPLETE METES-AND-BOUNDS DESCRIPTION OR SUFFICIENT PLAN REFERENCING A RECORDED PLAN, WIDTH, AND LOCATION OF THE EASEMENT AREA]

Sources and references

• 33 M.R.S. § 203: https://legislature.maine.gov/statutes/33/title33sec203.html
• 4 M.R.S. § 1916: https://legislature.maine.gov/statutes/4/title4sec1916.html
• 4 M.R.S. § 1917: https://legislature.maine.gov/statutes/4/title4sec1917.html