EASEMENT AGREEMENT

(Michigan – Comprehensive Template)

[// GUIDANCE: This template is drafted to Michigan standards and is intended for immediate attorney review and customization. Bracketed items in ALL-CAPS are placeholders. Remove all guidance comments before execution.]

COVER SHEET FOR RECORDING (Optional – Recommended)

[// GUIDANCE: Michigan deeds and easements customarily include a cover/face sheet to facilitate recording under MCL 565.201.]

• Prepared By: [DRAFTER NAME & BAR NO.]
• Return To: [NAME & ADDRESS]
• Tax Parcel No(s).: [PARCEL ID(S)]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
Exhibit A – Legal Description of Dominant Estate
Exhibit B – Legal Description of Servient Estate
Exhibit C – Easement Sketch/Survey (if available)

I. DOCUMENT HEADER

1. Title.
   Easement Agreement (this “Agreement”).

2. Parties.
   a. Grantor (Servient Owner): [GRANTOR LEGAL NAME], a [STATE] [ENTITY TYPE], having an address at [ADDRESS] (“Grantor”).
   b. Grantee (Dominant Owner): [GRANTEE LEGAL NAME], a [STATE] [ENTITY TYPE], having an address at [ADDRESS] (“Grantee”).

3. Effective Date.
   This Agreement is effective as of [EFFECTIVE DATE] (the “Effective Date”).

4. Consideration.
   For good and valuable consideration, the receipt and sufficiency of which are acknowledged, Grantor grants to Grantee the Easement (defined below) on the terms set forth herein.

5. Governing Law & Jurisdiction.
   This Agreement is governed by the laws of the State of Michigan, without regard to conflicts-of-law principles.

II. DEFINITIONS

For purposes of this Agreement, the following terms have the meanings set forth below. Defined terms may be used in the singular or plural and shall apply to their correlative forms.

“Actual Damages” means direct, out-of-pocket damages suffered by a Party, excluding punitive, exemplary, special, and consequential damages.
“Affiliate” means, with respect to any entity, an entity controlling, controlled by, or under common control with such entity.
“Dominant Estate” means the real property legally described on Exhibit A.
“Easement Premises” means that portion of the Servient Estate burdened by the Easement, as depicted on Exhibit C.
“Easement” has the meaning set forth in Section 3.1.
“Grantor” and “Grantee” have the meanings set forth in Section I.2.
“Improvement” means any structure, fixture, or surface alteration located within the Easement Premises.
“Party” and “Parties” mean, individually and collectively, Grantor and Grantee.
“Recording Acts” means the Michigan recording statutes, including Mich. Comp. Laws § 565.201 et seq.
“Servient Estate” means the real property legally described on Exhibit B.

III. OPERATIVE PROVISIONS

3.1 Grant of Easement

Subject to the terms herein, Grantor hereby grants, bargains, and conveys to Grantee a [NON-EXCLUSIVE/EXCLUSIVE] [ACCESS/UTILITY/INGRESS-EGRESS/DRAINAGE/OTHER] easement over, across, under, and through the Easement Premises (the “Easement”) for the benefit of the Dominant Estate, together with the rights set forth in this Article III.

3.2 Scope & Use

a. Permitted Uses. Grantee may use the Easement for the installation, inspection, operation, maintenance, repair, replacement, and removal of [DESCRIBE UTILITIES/ROADWAY/ETC.].
b. Limitations. Grantee shall not unreasonably interfere with Grantor’s use of the Servient Estate.
c. Improvement Rights. [OPTIONAL – PERMIT CONSTRUCTION OF IMPROVEMENTS].

3.3 Performance Standards & Maintenance

a. Compliance. Grantee shall perform all work in compliance with (i) applicable laws and ordinances, and (ii) reasonable written standards supplied by Grantor.
b. Restoration. Upon completing any work, Grantee shall restore disturbed areas to substantially the same condition existing immediately prior to such work, reasonable wear excepted.

3.4 Consideration

[INSERT PAYMENT TERMS – ONE-TIME LUMP SUM, ANNUAL FEE, OR $1.00 AND OTHER GOOD & VALUABLE CONSIDERATION.]

3.5 Conditions Precedent

This Agreement is conditioned on:
a. Title Review. Grantee’s receipt of a commitment for an ALTA owner’s policy insuring the Easement; and
b. Recording. Proper recording of this Agreement in the [COUNTY] Register of Deeds records pursuant to the Recording Acts.

IV. REPRESENTATIONS & WARRANTIES

4.1 Mutual Representations. Each Party represents and warrants that:
a. Authority. It is duly organized, validly existing, and in good standing under applicable law.
b. Authorization. This Agreement has been duly authorized, executed, and delivered, and constitutes a valid and binding obligation.
c. No Conflict. Execution and performance of this Agreement will not violate any contract or law binding on such Party.

4.2 Grantor’s Additional Representations.
a. Title. Grantor holds fee simple title to the Servient Estate, free of monetary liens except as disclosed in Schedule 1 (if any).
b. No Prior Conveyances. Grantor has not previously granted rights inconsistent with the Easement.

4.3 Survival. All representations and warranties survive Closing and recording for a period of [___] years.

V. COVENANTS & RESTRICTIONS

5.1 Grantor’s Covenants.
a. Non-Interference. Grantor shall not erect Improvements within the Easement Premises that materially interfere with Grantee’s rights.
b. Notice. Grantor shall provide [30] days’ prior written notice before commencing any activity that may affect the Easement.

5.2 Grantee’s Covenants.
a. Insurance. Grantee shall maintain commercial general liability insurance with limits not less than [$_____] per occurrence, naming Grantor as an additional insured.
b. Compliance Monitoring. Grantee shall provide annual certification of compliance with this Agreement upon request.

5.3 Mutual Cooperation. The Parties shall reasonably cooperate to obtain permits and approvals necessary for the intended use of the Easement.

VI. DEFAULT & REMEDIES

6.1 Events of Default. A Party is in default if it:
a. Fails to perform any material obligation within [30] days after receipt of written notice specifying such failure;
b. Commits waste or willful misconduct within the Easement Premises; or
c. Engages in any act or omission that materially impairs the other Party’s rights hereunder.

6.2 Cure Periods.
a. Monetary Defaults: [10] days.
b. Non-Monetary Defaults: [30] days, extendable if diligent cure is commenced and pursued.

6.3 Remedies.
a. Specific Performance. The Parties acknowledge that monetary damages may be inadequate; therefore, specific performance and injunctive relief are available without bond.
b. Self-Help. Upon notice and failure to cure, a non-defaulting Party may perform the defaulting Party’s obligations and recover Actual Damages plus reasonable attorney fees.
c. Cumulative Rights. Remedies are cumulative and not exclusive.

VII. RISK ALLOCATION

7.1 Indemnification

a. By Grantee. Grantee shall indemnify, defend, and hold harmless Grantor and its Affiliates from and against all claims, liabilities, and Actual Damages arising out of (i) Grantee’s use of the Easement, or (ii) any breach of this Agreement by Grantee.
b. By Grantor. Grantor shall indemnify, defend, and hold harmless Grantee and its Affiliates from and against all claims, liabilities, and Actual Damages arising out of (i) Grantor’s breach of this Agreement, or (ii) Grantor’s gross negligence or willful misconduct.
c. Procedure. The indemnified Party shall promptly notify the indemnifying Party and may participate in the defense at its own cost.

7.2 Limitation of Liability

Except for indemnification obligations, willful misconduct, or claims for specific performance, neither Party is liable for amounts exceeding Actual Damages.

7.3 Force Majeure

Neither Party is liable for failure to perform caused by events beyond its reasonable control (e.g., natural disasters, acts of God, governmental action), provided the affected Party gives prompt notice and resumes performance as soon as practicable.

VIII. DISPUTE RESOLUTION

8.1 Negotiation. The Parties shall first endeavor in good faith to resolve disputes through executive-level negotiation.

8.2 Arbitration (Optional).
[OPTIONAL CLAUSE] Any dispute not resolved within [30] days may, by mutual written agreement, be submitted to binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association. The seat of arbitration shall be [CITY, MICHIGAN].

8.3 Forum Selection. Absent arbitration, the Parties consent to exclusive jurisdiction in the state courts of [COUNTY], Michigan.

8.4 Jury Waiver (Optional).
[OPTIONAL CLAUSE] EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION ARISING OUT OF THIS AGREEMENT.

8.5 Injunctive Relief. Nothing herein limits a Party’s right to seek specific performance or injunctive relief in a court of competent jurisdiction.

IX. GENERAL PROVISIONS

9.1 Term & Termination.
a. Term. The Easement is perpetual unless terminated as provided herein.
b. Termination Events.
i. Mutual Agreement. Recorded instrument executed by both Parties;
ii. Abandonment. Non-use by Grantee for a continuous period of [___] years, evidenced by recorded affidavit of abandonment;
iii. Merger. Common ownership of Dominant and Servient Estates;
iv. Condemnation. As provided by applicable law;
v. Expiration. [OPTIONAL – Specify Fixed Term End Date].
c. Recording of Termination. Any termination instrument shall comply with the Recording Acts.

9.2 Amendments & Waivers. Must be in writing, signed by the Party against whom enforcement is sought, and recorded.

9.3 Assignment. Grantee may assign its rights to (i) an Affiliate, or (ii) any successor owner of the Dominant Estate, without Grantor’s consent. Other assignments require Grantor’s prior written consent, not unreasonably withheld.

9.4 Successors & Assigns. This Agreement binds and benefits the Parties and their respective successors and assigns.

9.5 Severability. If any provision is held invalid, the remaining provisions remain in full force, and the invalid provision shall be reformed to fulfill its original intent to the maximum extent permitted.

9.6 Entire Agreement. This writing constitutes the entire agreement between the Parties with respect to the Easement and supersedes all prior agreements.

9.7 Counterparts & Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original. Electronic signatures have the same force as wet signatures.

9.8 Notice. All notices must be in writing and delivered by (i) certified U.S. mail, return receipt requested, (ii) nationally recognized overnight courier, or (iii) personal delivery, to the addresses set forth in Section I.2 or such other address designated in accordance with this Section. Notice is effective upon delivery or refusal.

X. EXECUTION BLOCK

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

GRANTOR

[GRANTOR LEGAL NAME]
By: ____
Name: ____
Title: ____
Date: ________

GRANTEE

[GRANTEE LEGAL NAME]
By: ____
Name: ____
Title: ____
Date: ________

ACKNOWLEDGMENTS (Notary)

STATE OF MICHIGAN )
) ss.
COUNTY OF [__] )

On this _ day of _, 20__, before me, a Notary Public in and for said State, personally appeared ________, who acknowledged that [he/she] executed the foregoing Easement Agreement on behalf of [GRANTOR LEGAL NAME], being duly authorized so to do.

Notary Public, State of Michigan, County of _
My Commission Expires: _
Acting in the County of ____

[SEAL]

[Repeat Notary Block for Grantee]

EXHIBIT A

Legal Description of Dominant Estate
[INSERT METES AND BOUNDS OR LOT & BLOCK DESCRIPTION]

EXHIBIT B

Legal Description of Servient Estate
[INSERT METES AND BOUNDS OR LOT & BLOCK DESCRIPTION]

EXHIBIT C

Easement Sketch/Survey
[ATTACH SURVEY OR DRAWING PREPARED BY LICENSED SURVEYOR]

[// GUIDANCE: Record this instrument with the appropriate Register of Deeds office. Include any county-specific margin, font, and paper requirements. Verify transfer tax exemptions, if any, and complete the property transfer affidavit where required.]