Easement Agreement - Pennsylvania

Pennsylvania Easement Agreement

Before signing: Confirm the owner’s title, the burdened parcel, the benefited parcel if this is an appurtenant easement, the surveyed easement area, existing mortgages and easements, and any permits. This form covers an ordinary private access, utility, or drainage easement. State a different purpose only after reviewing the law that governs it.

1. Parties and land

This Agreement is made on [MONTH DAY, YEAR] between [GRANTOR FULL LEGAL NAME], of [ADDRESS] (“Grantor”), and [GRANTEE FULL LEGAL NAME], of [ADDRESS] (“Grantee”).

Grantor’s property burdened by this easement is located in [MUNICIPALITY], [COUNTY] County, Pennsylvania. Its complete legal description is Exhibit A. County parcel identifier: [UPI / PARCEL NUMBER / NOT APPLICABLE]. Grantor’s title source: [INSTRUMENT NUMBER OR BOOK AND PAGE].

Choose one: ☐ This easement benefits Grantee’s land described in Exhibit C and is appurtenant to that land. ☐ This easement benefits Grantee personally or as an entity and is in gross. If the second option is chosen, permitted successors and assignments are stated in Section 6.

2. Grant and purpose

For consideration of $[AMOUNT] paid by Grantee to Grantor on [DATE], receipt acknowledged, Grantor grants to Grantee a [PERPETUAL / TERM ENDING ON DATE] [EXCLUSIVE / NONEXCLUSIVE] easement only within the area described and depicted in Exhibit B. The easement allows [ACCESS / INSTALLATION AND MAINTENANCE OF SPECIFIED FACILITIES / DRAINAGE / OTHER PRECISE PURPOSE]. The permitted use includes entry by Grantee’s workers and contractors only as reasonably necessary for that purpose.

The permitted facilities and activities are: [DESCRIBE WIDTH, ROUTE, DEPTH, EQUIPMENT, VEHICLES, HOURS, LOAD LIMITS, OR OTHER LIMITS]. Access points are: [DESCRIBE]. Any right to alter the grade, remove vegetation, cross a watercourse, or construct a structure is: [DESCRIBE OR NONE]. No other use is granted.

Exhibit B controls the location and dimensions. A street address or parcel identifier alone does not define the easement area. Grantee may not relocate, widen, or materially change the use without a written instrument signed by both parties and recorded with the county Recorder of Deeds.

3. Use, maintenance, and restoration

Grantee will obtain the permits required for its work, comply with applicable rules, maintain its facilities, and keep the easement area reasonably safe for the permitted use. Grantee will give Grantor [NUMBER] days’ written notice before planned construction or major maintenance at [ADDRESS OR EMAIL], except when prompt action is reasonably needed to protect people or property. Grantee will promptly repair damage it causes and restore disturbed surfaces as nearly as reasonably practicable.

Grantor may continue to use the easement area and grant compatible rights to others so long as those activities do not materially interfere with the rights granted here, subject to the selected exclusive or nonexclusive option above. Grantor will not place a new obstruction within the easement area that materially prevents the permitted use. Existing improvements and prior rights shown in [EXHIBIT OR TITLE REPORT REFERENCE / NONE] remain subject to their own terms.

Maintenance costs: [GRANTEE PAYS ALL / SPLIT AS FOLLOWS: DETAILS]. Insurance, if agreed: [COVERAGE, LIMITS, ADDITIONAL INSURED, PROOF, AND RENEWAL DATE / NONE]. Responsibility for third-party claims: [DESCRIBE THE PARTIES’ AGREED ALLOCATION BASED ON WHO CAUSED THE CLAIM / NONE].

4. Term and ending the easement

Choose one: ☐ The easement continues without a fixed ending date. ☐ The easement ends on [DATE]. The parties may also end or change it by a later signed and recordable instrument. Any claimed ending by merger, taking, abandonment, or other operation of law must be assessed under the facts and applicable law; a period of nonuse alone is not declared an automatic termination by this Agreement.

When the easement ends, Grantee will sign a recordable release at [GRANTEE / GRANTOR] expense within [NUMBER] days after a written request supported by the basis for termination. Work to remove facilities and restore the surface on termination: [DETAILS / NONE].

5. Title and limits of the grant

Grantor states that Grantor has authority to sign this Agreement in the capacity shown below. Grantor gives no general warranty of title by this Agreement. Any specific title promise agreed by the parties is: [EXACT TEXT / NONE]. The grant is subject to existing rights and encumbrances identified in [EXHIBIT OR TITLE REPORT REFERENCE / NONE]. The parties will resolve any required mortgage-holder, co-owner, association, governmental, or other consent before recording.

This Agreement does not give Grantee ownership of the burdened land or any use beyond Section 2.

6. Transfer and successors

For an appurtenant easement, the rights and duties of this Agreement bind and benefit the respective successors to the burdened and benefited parcels to the extent allowed by law. For an easement in gross, Grantee may assign its rights only [WITH GRANTOR’S WRITTEN CONSENT / TO A SUCCESSOR OPERATING THE IDENTIFIED FACILITY / OTHER PRECISE TERMS]. An assignment does not expand the easement area or permitted use.

7. Default and dispute terms

A party claiming breach will give written notice describing it. The other party has [NUMBER] days after receipt to cure, or, if reasonable cure takes longer, to begin and diligently continue cure. Either party may seek relief available under Pennsylvania law in a court with jurisdiction over the property. The parties may agree separately on fees or another dispute procedure in a signed writing; this Agreement creates no automatic fee award or jury waiver.

Notices are delivered to the addresses in Section 1 by [PERSONAL DELIVERY / TRACKED MAIL / OTHER AGREED METHOD]. A party may change its notice address by written notice.

8. Recording and transfer tax

The parties will submit this signed and acknowledged Agreement and its exhibits to the Recorder of Deeds of [COUNTY] County, where the burdened land lies. They will confirm the county’s current parcel identifier, indexing, acknowledgment, format, fee, and submission requirements. Proper recording and indexing matter for constructive notice under § 3 of the Act of April 24, 1931.

Pennsylvania’s realty transfer tax can apply to a transfer of an easement; the statute excludes an instrument that solely grants, vests, or confirms a public utility easement from its “document” definition. When an easement’s value is not determined under the preceding statutory methods, 72 P.S. § 8101-C uses its actual monetary worth. The Commonwealth tax rate is 1% of taxable value under 72 P.S. § 8102-C. The parties will determine whether tax, local tax, or a value statement is due for this transaction before recording. Agreed allocation of any tax and recording costs: [DETAILS].

9. Signatures and acknowledgment

The parties sign this Agreement on the dates below. Changes must be signed by both parties and recorded if they affect the easement interest.

Grantor acknowledgment

Commonwealth or State of [________________]
County of [________________]

On [MONTH DAY, YEAR], before me, [NOTARIAL OFFICER AND TITLE], personally appeared [GRANTOR SIGNER(S)], who [WAS / WERE] satisfactorily identified and acknowledged executing this Agreement in [INDIVIDUAL / STATED REPRESENTATIVE] capacity for its stated purpose.

Notarial officer signature: ______________________________
Commission expiration: [__/__/____]
Official seal or stamp: [________________]

Additional acknowledgment for any other signer whose signature must be acknowledged: [ATTACH CERTIFICATE / NOT APPLICABLE].

Exhibit A — Burdened parcel

[INSERT COMPLETE LEGAL DESCRIPTION FROM VERIFIED TITLE EVIDENCE.]

Exhibit B — Easement area

[INSERT COMPLETE METES-AND-BOUNDS OR OTHER PRECISE LEGAL DESCRIPTION AND ATTACH IDENTIFIED SURVEY OR PLAN.]

Survey or plan prepared by [NAME], dated [DATE], drawing number [NUMBER], attached: ☐ Yes ☐ Not applicable because the description independently fixes the area.

Exhibit C — Benefited parcel, if appurtenant

[INSERT COMPLETE LEGAL DESCRIPTION / NOT APPLICABLE.]