Easement Agreement - New Jersey

EASEMENT AGREEMENT

Before you use this: Confirm ownership, the legal descriptions and survey, any required lender or other third-party consent, and the recording office's current intake requirements.

Prepared by: [NAME AND ADDRESS]

Return recorded instrument to: [NAME AND MAILING ADDRESS]

County: [COUNTY], New Jersey

Municipality: [MUNICIPALITY]

Servient parcel block/lot: [BLOCK] / [LOT]

Dominant parcel block/lot: [BLOCK] / [LOT]

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

1. Properties and grant

1. Servient Estate. Grantor states that Grantor owns the land described in Exhibit A, located in [COUNTY] County, New Jersey. The instrument by which Grantor acquired that land was recorded as [INSTRUMENT NUMBER OR BOOK/PAGE].

2. Dominant Estate. Grantee states that Grantee owns the land described in Exhibit C, located at [ADDRESS], [COUNTY] County, New Jersey.

3. Easement Area. The portion of the Servient Estate subject to this grant is described by metes and bounds or a sufficiently definite survey in Exhibit B. Exhibit B controls the easement's location; a sketch without a usable boundary description must be completed before execution.

4. Present grant. For [CONSIDERATION AND RECEIPT], Grantor hereby grants to Grantee, as owner of the Dominant Estate, and to Grantee's successors in title to that estate, a nonexclusive easement appurtenant over the Easement Area for the purpose stated in Section 2. This grant conveys an easement only; it conveys no fee title and gives no title warranty beyond [INSERT ANY NEGOTIATED TITLE COVENANT, OR WRITE “NONE”].

2. Purpose and permitted work

1. Purpose: [STATE THE SPECIFIC ACCESS, UTILITY, DRAINAGE, OR OTHER USE]. Authorized users are [IDENTIFY PERSONS OR CLASS]. Vehicles, equipment, hours, and load limits are [DETAILS]. A change of purpose or material enlargement requires a written instrument signed by the then-current owners of both estates.

2. Grantee may enter the Easement Area to [INSTALL / INSPECT / MAINTAIN / REPAIR / REPLACE] the following improvements solely for that purpose: [DESCRIBE]. Grantee shall give Grantor [NUMBER] days' advance notice of planned nonemergency work and prompt notice of emergency work.

3. Grantor may continue using the Easement Area in ways that do not materially interfere with the granted use. Grantee shall not materially interfere with Grantor's use outside the Easement Area.

4. Neither party may materially relocate the Easement Area without a written, acknowledged, and recorded amendment signed by the then-current owners of both estates.

3. Construction, maintenance, and damage

1. Grantee shall pay for the initial work described in [PLANS / PERMITS], keep its improvements in safe working condition, and obtain any permits required for its work. This agreement grants no governmental permit or approval.

2. Grantee shall repair physical damage to the Servient Estate caused by its work or users, ordinary wear excepted. The parties allocate shared surface maintenance as follows: [DESCRIBE TASKS, COST SHARES, AND PAYMENT DATES].

3. Before nonemergency work affecting existing utilities or structures, Grantee shall coordinate with Grantor and the affected operator. On completion, Grantee shall restore disturbed surfaces substantially to their prior condition, subject to the agreed plans.

4. Each party remains responsible for its own acts and omissions under applicable law. Any agreed insurance or indemnity terms must be stated here, with coverage and limits specified: [TERMS OR “NONE”].

4. Duration and changes

1. This easement begins upon execution and delivery of this Agreement and continues [IN PERPETUITY / UNTIL A FIXED DATE OF ______]. Select one option before signing.

2. An amendment to this grant must be in a writing signed by the then-current owners of both estates and acknowledged for recording. Under this Agreement, nonuse, an alleged breach, or a request for release gives Grantor no contractual right to record a unilateral termination notice.

3. The parties may end the easement by a written release signed by the then-current holder of the Dominant Estate and acknowledged and recorded in the county where the Servient Estate lies. A final court order or another legally effective event may also establish termination. A release should identify this Agreement by recording reference and both affected parcels.

5. Recording and expenses

1. The parties authorize recording of this signed and acknowledged Agreement in [COUNTY] County. If submitted on paper, the instrument shall be legible and no larger than 8½ by 14 inches. Grantee shall submit the instrument and exhibits, with the recording cover sheet or electronic synopsis accepted by the recording office, and pay the recording fee unless the parties specify otherwise here: [ALLOCATION].

2. The parties allocate any applicable transfer tax, municipal charge, survey cost, and preparation expense as follows: [SPECIFY EACH ITEM]. This allocation does not determine whether a tax or charge applies.

3. Each party shall provide a current mailing address for return of the recorded instrument and notices. A party changing address shall notify the other at the then-current address.

6. Disputes and general terms

1. A party alleging a breach shall give written notice describing it to [NOTICE ADDRESS / EMAIL] and allow [NUMBER] days to cure if cure is possible, except where immediate action is reasonably needed to prevent physical harm. The parties may seek relief available under New Jersey law. This provision does not itself terminate the easement.

2. New Jersey law governs this Agreement. Any suit shall be filed in a court with jurisdiction and proper venue. Each party bears its own legal fees unless a court, statute, or a separately negotiated clause provides otherwise: [SPECIFY CLAUSE OR “NONE”].

3. This Agreement, including Exhibits A, B, and C, states the parties' entire grant and agreed use terms. A later amendment affecting the land interest shall be signed and recorded as described in Section 4.

4. If a court holds a provision invalid, the remainder remains effective only to the extent the essential grant and use can operate lawfully. Neither party authorizes a court to enlarge the Easement Area or purpose by implication from this clause.

7. Signatures

The parties sign this Agreement intending the present grant in Section 1 to be effective upon execution and delivery.

GRANTOR

Signature: [________________________________]

Printed name: [________________________________]

Capacity, if signing for an entity: [________________________________]

Date: [__/__/____]

GRANTEE

Signature: [________________________________]

Printed name: [________________________________]

Capacity, if signing for an entity: [________________________________]

Date: [__/__/____]

Grantor acknowledgment

State of [STATE]

County of [COUNTY]

On [DATE], before me, [OFFICER NAME AND TITLE], personally appeared [GRANTOR SIGNER NAME], whose identity I verified by [METHOD]. The signer acknowledged executing this Agreement as the signer's own act [OR, IF FOR AN ENTITY: as an authorized representative of [ENTITY NAME] and as the act of that entity].

Officer signature: [________________________________]

Printed name and title: [________________________________]

Commission expiration, if applicable: [________________________________]

Grantee acknowledgment

State of [STATE]

County of [COUNTY]

On [DATE], before me, [OFFICER NAME AND TITLE], personally appeared [GRANTEE SIGNER NAME], whose identity I verified by [METHOD]. The signer acknowledged executing this Agreement as the signer's own act [OR, IF FOR AN ENTITY: as an authorized representative of [ENTITY NAME] and as the act of that entity].

Officer signature: [________________________________]

Printed name and title: [________________________________]

Commission expiration, if applicable: [________________________________]

Exhibits

Exhibit A — Servient Estate: [ATTACH COMPLETE LEGAL DESCRIPTION]

Exhibit B — Easement Area: [ATTACH DEFINITE SURVEY OR METES-AND-BOUNDS DESCRIPTION; IDENTIFY WIDTH, LENGTH, ACCESS POINTS, AND ANY VERTICAL LIMITS]

Exhibit C — Dominant Estate: [ATTACH COMPLETE LEGAL DESCRIPTION]