Easement Agreement - Nebraska

EASEMENT AGREEMENT AND GRANT

Effective date: [DATE]

Grantor and owner of the burdened land: [FULL LEGAL NAME AND CAPACITY], mailing address [ADDRESS] (“Grantor”).

Grantee: [FULL LEGAL NAME AND CAPACITY], mailing address [ADDRESS] (“Grantee”).

Servient Property: Grantor's property in [COUNTY] County, Nebraska, legally described in Exhibit A. Street address and parcel number for reference: [ADDRESS AND PARCEL NUMBER].

Easement Area: The part of the Servient Property legally described in Exhibit B. The attached survey or plat, if any, is identified as [DOCUMENT TITLE, DATE, AND SURVEYOR / NONE]. The legal description in Exhibit B controls if a drawing conflicts with it.

1. Grant and classification

For the consideration in Section 2, Grantor grants and conveys to Grantee the following easement over and across the Easement Area, and under it only to the extent stated in the permitted uses below. Complete exactly one classification:

☐ Appurtenant easement. The easement benefits the land legally described in Exhibit C (“Dominant Property”), of which Grantee is the owner. The Parties intend the easement to pass with that property and to burden the Servient Property, subject to governing law.

☐ Easement in gross. The easement benefits Grantee personally or as the named entity. Permitted successors or assignees, if any, are [NAMES OR CATEGORY / NONE]. No Dominant Property is claimed.

The permitted uses are [DESCRIBE ACCESS, UTILITY, DRAINAGE, OR OTHER PRECISE PURPOSE]. Permitted users are [IDENTIFY PERSONS OR CLASSES]. The grant includes only the following specified installation, repair, and replacement rights: [DESCRIBE / NONE]. Grantee shall keep use within the Easement Area and the stated purpose. Expansion of the area, users, or purpose requires a further signed, acknowledged, and recorded instrument.

Grantor retains use of the Easement Area that does not unreasonably interfere with the stated easement rights. This instrument conveys an easement interest and does not convey fee title to the Easement Area.

2. Consideration and delivery

Grantee shall pay $[AMOUNT] by [PAYMENT METHOD] on [DATE]. Grantor acknowledges receipt only upon actual receipt. The Parties shall exchange the executed instrument after payment or under the following written closing instructions: [INSTRUCTIONS / NONE]. Grantor shall deliver an acknowledged recordable instrument to Grantee.

3. Title, prior interests, and homestead

Grantor identifies the deed by which Grantor acquired the Servient Property as [RECORDING REFERENCE]. Known mortgages, liens, leases, easements, or other interests that may affect this grant are listed in Schedule 1. Required consents or subordinations, if any, are [IDENTIFY AND ATTACH / NONE IDENTIFIED]. This Agreement does not promise priority over an earlier recorded or otherwise superior interest.

Homestead status: ☐ Grantor states the Servient Property is not the homestead of a married person. ☐ It is the homestead of a married person, and both spouses shall execute and acknowledge this instrument as required by Neb. Rev. Stat. § 40-104. If capacity, homestead status, or authority is uncertain, the Parties shall resolve it before execution and recording.

Grantor represents that Grantor has authority to convey the stated easement and has disclosed in Schedule 1 any known interest inconsistent with it. Grantee represents that the name and capacity used to accept the grant are accurate.

4. Term and ending the easement

Select one term: ☐ perpetual ☐ through [EXPIRATION DATE OR OBJECTIVELY DESCRIBED EVENT]. The easement begins when this grant is delivered under Section 2. A breach of a maintenance or payment covenant does not by itself erase the recorded property interest. Any consensual release or amendment of the easement shall be signed and acknowledged by the persons whose interests are affected and presented for recording. If the Parties dispute whether the interest has ended by its stated term or by operation of law, they may seek a court determination. Neither Party may clear the title by recording its own breach or abandonment notice alone.

5. Use, improvements, maintenance, and access

Grantee shall perform only work reasonably needed for the permitted use, obtain any required permits, keep the Easement Area and its improvements in a safe condition, and restore physical damage caused by its work. Grantee shall give Grantor [NUMBER] days' prior notice of planned work at [ADDRESS OR METHOD], except when prompt action is reasonably needed to address an emergency. Grantee shall coordinate timing and access with Grantor where practicable.

The cost of ordinary maintenance shall be borne by [GRANTEE / OTHER AGREED ALLOCATION]. Any shared-cost formula is [FORMULA / NONE]. Grantor shall not place an obstruction that materially interferes with the permitted use. Neither Party receives a right to enter land outside the Easement Area under this instrument unless the Parties complete the following additional access description: [DESCRIPTION / NONE].

6. Loss, insurance, and disputes

Each Party is responsible to the other for loss caused by that Party's breach or conduct to the extent governing law permits. This Agreement creates no blanket indemnity, automatic attorney-fee award, or limitation of damages. Any special insurance or claim-specific allocation the Parties choose must be written here or in a signed schedule: [TERMS / NONE].

A Party alleging a remediable breach shall give the other written notice describing it and [NUMBER] days to remedy it, unless immediate protective action is required. A Party may seek damages or other relief available under Nebraska law in a court with jurisdiction and proper venue. This contract creates no automatic injunction, no self-help title cancellation, no mandatory arbitration, and no jury waiver.

7. Recording and further documents

The Parties shall present this signed and acknowledged instrument for recording to the Register of Deeds in [COUNTY] County. Under Neb. Rev. Stat. §§ 76-211 and 76-238, acknowledgment and recording affect the instrument's recordability and its effect against certain later creditors and purchasers. The Parties shall supply any recording information required by the receiving office and retain a copy showing the recording reference.

Any later amendment, assignment where allowed, or release intended to affect the land interest must identify this instrument by recording reference and be executed and recorded in the form required by applicable law. The Parties shall cooperate in signing reasonably necessary documents that carry out the grant as written, without enlarging it by implication.

8. General terms

Nebraska law governs this Agreement. The completed exhibits and Schedule 1 are part of it. A change must be in a writing signed by the affected Parties. An unenforceable contract term may be severed to the extent permitted by law without expanding the easement. Counterparts and electronic signatures may be used only when they satisfy the execution, acknowledgment, and recording requirements applicable to this instrument.

9. Signatures and acknowledgments

Grantor: ____________________________________

Printed legal name: [NAME]

Capacity: [INDIVIDUAL / ENTITY AND TITLE]

Date: [DATE]

Grantor's spouse, if Section 3 requires: ____________________________________

Printed legal name: [NAME]

Date: [DATE]

Accepted by Grantee: ____________________________________

Printed legal name: [NAME]

Capacity: [INDIVIDUAL / ENTITY AND TITLE]

Date: [DATE]

Grantor acknowledgment

State of Nebraska, County of [COUNTY]. On [DATE], before me, [NOTARIAL OFFICER NAME AND TITLE], personally appeared [GRANTOR NAME AND CAPACITY], whose identity I knew or established by satisfactory evidence. The appearing person acknowledged executing this instrument for the purposes stated in it and, if acting for an entity or another person, acknowledged the stated representative authority.

Notarial officer signature: ______________________________

Printed name and title: [NAME AND TITLE]

Commission expiration and seal, if applicable: [DETAILS]

Spouse acknowledgment, if Section 3 requires

State of Nebraska, County of [COUNTY]. On [DATE], before me, [NOTARIAL OFFICER NAME AND TITLE], personally appeared [SPOUSE NAME], whose identity I knew or established by satisfactory evidence. The appearing person acknowledged executing this instrument for the purposes stated in it.

Notarial officer signature: ______________________________

Printed name and title: [NAME AND TITLE]

Commission expiration and seal, if applicable: [DETAILS]

Exhibits and schedule

Exhibit A — complete legal description of Servient Property: [ATTACH]

Exhibit B — complete legal description of Easement Area: [ATTACH]

Exhibit C — complete legal description of Dominant Property, if appurtenant: [ATTACH OR WRITE “NOT APPLICABLE”]

Schedule 1 — prior interests, consents, subordinations, and special terms: [ATTACH OR WRITE “NONE”]