EASEMENT AGREEMENT

[// GUIDANCE: Insert County of Recordation in document header or on first page margin to facilitate indexing.]

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 Servient Estate
Exhibit B – Easement Area Depiction/Survey
Exhibit C – Maintenance Specifications (if any)

I. DOCUMENT HEADER

1. Parties
   This Easement Agreement (this “Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between [GRANTOR LEGAL NAME], a [ENTITY TYPE/STATE OF ORGANIZATION], having an address at [ADDRESS] (“Grantor”), and [GRANTEE LEGAL NAME], a [ENTITY TYPE/STATE OF ORGANIZATION], having an address at [ADDRESS] (“Grantee”).

2. Recitals
   A. Grantor is the fee-simple owner of certain real property located in [COUNTY], South Carolina, more particularly described in Exhibit A attached hereto (“Servient Estate”).
   B. Grantee is the owner of, or otherwise has a legal or equitable interest in, certain real property (“Dominant Estate”) that is benefited by the easement rights granted herein.
   C. Grantor desires to grant, and Grantee desires to accept, an easement upon the terms and conditions set forth below in consideration of [INSERT CONSIDERATION, e.g., TEN DOLLARS ($10.00) and other good and valuable consideration].

NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

II. DEFINITIONS

For purposes of this Agreement, the following capitalized terms have the meanings set forth below. Any term not defined herein shall have its generally accepted meaning in South Carolina real estate practice.

“Access Easement” – The nonexclusive right of ingress, egress, and regress to and from the Dominant Estate over the Easement Area.
“Affiliate” – Any entity controlling, controlled by, or under common control with the referenced Party.
“Easement Area” – That portion of the Servient Estate depicted on Exhibit B burdened by the Easement Rights.
“Easement Rights” – Collectively, the Access Easement and any additional rights granted under Section III.1.
“Improvements” – Any paving, utilities, drainage, signage, or other facilities constructed by Grantee within the Easement Area in accordance with this Agreement.
“Maintenance Costs” – All costs and expenses reasonably incurred to maintain the Easement Area consistent with Section V.1.
“Party” or “Parties” – Individually, Grantor or Grantee; collectively, both.
“Recording Act” – S.C. Code Ann. § 30-5-30 et seq., as amended.
“Term” – The period commencing on the Effective Date and continuing until termination pursuant to Section III.7.

III. OPERATIVE PROVISIONS

1. Grant of Easement Rights
   a. Grantor hereby grants and conveys to Grantee, its successors and assigns, a [SELECT TYPE: Perpetual / Limited-Term], [SELECT SCOPE: Exclusive / Nonexclusive] easement over, across, under, and through the Easement Area for the following purposes (collectively, the “Permitted Uses”):
   i. [INGRESS/EGRESS] for vehicular and pedestrian travel;
   ii. [UTILITY] installation, operation, maintenance, repair, and replacement;
   iii. [DRAINAGE/STORMWATER], and
   iv. Any incidental purposes reasonably necessary or convenient to the foregoing.
   b. The Easement Rights run with the land and are appurtenant to the Dominant Estate.

2. Permitted Improvements; Construction Standards
   a. Grantee may construct Improvements within the Easement Area, provided that (i) Grantee delivers written plans to Grantor at least [___] days prior to commencement, and (ii) Grantor’s consent (not to be unreasonably withheld, conditioned, or delayed) is obtained.
   b. Construction shall comply with all applicable Laws, codes, and permit requirements.

3. Consideration
   Grantee shall pay Grantor [INSERT MONETARY CONSIDERATION OR “$0.00 (being beneficial and mutual consideration)”] upon execution of this Agreement.

4. Conditions Precedent
   Grantee’s obligations are contingent upon:
   a. Recordation of this Agreement in the [COUNTY] Register of Deeds; and
   b. Grantor’s delivery of any third-party consents set forth in Schedule 1 (if applicable).

5. Use Restrictions
   Grantee shall not use the Easement Area for any purpose other than the Permitted Uses or cause any nuisance or unreasonable interference with Grantor’s use of the Servient Estate.

6. Compliance With Laws
   Each Party shall, at its sole cost, comply with all federal, state, and local laws, rules, regulations, ordinances, and orders applicable to its activities under this Agreement.

7. Term; Termination
   a. [If Perpetual] The Easement Rights are perpetual unless terminated as provided herein.
   b. [If Limited-Term] The Term shall expire on [TERMINATION DATE], unless extended by mutual written agreement.
   c. Automatic Termination occurs upon:
   i. Written release executed by the Party then entitled to the Easement Rights and recorded;
   ii. Abandonment evidenced by non-use for a continuous period of [__] years; or
   iii. Merger of title when the Dominant and Servient Estates vest in the same owner.

8. Recording; Cost Allocation
   Promptly following execution, Grantee shall record this Agreement (and any related plats) in the office of the [COUNTY] Register of Deeds pursuant to the Recording Act. Grantee shall pay all recording fees, transfer taxes, and documentary stamp taxes, if any.

IV. REPRESENTATIONS & WARRANTIES

1. Mutual Representations
   Each Party represents and warrants that:
   a. It has full right, power, and authority to enter into and perform this Agreement;
   b. The execution and delivery of this Agreement have been duly authorized; and
   c. No consent or approval of any third party (other than those set forth in Schedule 1) is required.

2. Grantor’s Additional Representations
   a. Grantor holds indefeasible fee-simple title to the Servient Estate, free of monetary liens other than [LIST PERMITTED ENCUMBRANCES];
   b. The Easement Area is free of hazardous substances in violation of applicable environmental laws, to Grantor’s knowledge; and
   c. Grantor will not grant any easement or license inconsistent with the Easement Rights.

3. Survival
   All representations and warranties survive Closing and recordation for a period of [__] years or the longest period allowed by law, whichever is shorter.

V. COVENANTS & RESTRICTIONS

1. Maintenance & Repair
   a. Grantee shall maintain the Easement Area and Improvements in good order and repair at its sole cost.
   b. Should Grantee fail to perform within [30] days after written notice, Grantor may perform and recover reasonable costs as Additional Rent under Section VI.3.

2. Insurance
   Grantee shall, at all times during the Term, maintain (i) CGL insurance with limits not less than [USD $1,000,000] per occurrence and [USD $2,000,000] aggregate, naming Grantor as an additional insured; and (ii) Workers’ Compensation insurance as required by law.

3. Notice of Work; Access
   Grantee shall give Grantor [___] business days’ prior written notice before undertaking any material work within the Easement Area and allow Grantor reasonable inspection rights.

4. No Interference
   Grantor covenants not to permit any structures, landscaping, or activities that materially interfere with the Easement Rights.

VI. DEFAULT & REMEDIES

1. Events of Default
   a. Failure to Perform: A Party’s failure to perform any material covenant or obligation within [30] days after receipt of written notice.
   b. Insolvency: A Party’s insolvency, assignment for the benefit of creditors, or bankruptcy filing.

2. Notice & Cure
   The non-defaulting Party must provide written notice describing the default in reasonable detail. If the default remains uncured after the applicable cure period, the non-defaulting Party may pursue remedies under Section VI.3.

3. Remedies
   a. Specific Performance or injunctive relief to compel compliance;
   b. Actual damages (subject to Section VII.2);
   c. Reimbursement of reasonable attorney fees and court costs to the prevailing Party.
   [// GUIDANCE: Add liquidated damages only if appropriate and enforceable in SC.]

VII. RISK ALLOCATION

1. Indemnification
   a. Grantee shall indemnify, defend, and hold harmless Grantor and its affiliates from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorney fees) arising out of or relating to (i) Grantee’s use of the Easement Area, (ii) construction, maintenance, or operation of Improvements, or (iii) Grantee’s breach of this Agreement, except to the extent caused by Grantor’s gross negligence or willful misconduct.
   b. Grantor shall indemnify, defend, and hold harmless Grantee for claims arising solely from Grantor’s gross negligence or willful misconduct.

2. Limitation of Liability
   Notwithstanding anything to the contrary, neither Party shall be liable to the other for consequential, special, punitive, or exemplary damages. Each Party’s total liability is limited to actual, direct damages proven by competent evidence.

3. Force Majeure
   Performance is excused to the extent delayed or prevented by acts of God, governmental actions, war, terrorism, labor disputes, and other events beyond the reasonable control of the affected Party, provided that such Party gives notice within [10] business days of the event and resumes performance promptly thereafter.

VIII. DISPUTE RESOLUTION

1. Governing Law
   This Agreement is governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict-of-laws principles.

2. Forum Selection
   The Parties submit to the exclusive jurisdiction of the state courts located in [COUNTY], South Carolina for any action arising out of or relating to this Agreement, subject to Section VIII.3.

3. Arbitration (Optional)
   [SELECT: “Applicable / Not Applicable”]
   If selected “Applicable,” any dispute shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The seat of arbitration shall be [CITY, SC]. Judgment on the award may be entered in any court of competent jurisdiction.

4. Jury Trial Waiver (Optional)
   [SELECT: “Applicable / Not Applicable”]
   IF APPLICABLE, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LITIGATION ARISING OUT OF OR RELATING TO THIS AGREEMENT.

5. Injunctive Relief
   Nothing in this Article shall limit either Party’s right to seek temporary or permanent injunctive relief or specific performance.

IX. GENERAL PROVISIONS

1. Amendment & Waiver
   No amendment or waiver of any provision of this Agreement is effective unless in a writing signed by both Parties. No failure or delay in exercising any right hereunder operates as a waiver thereof.

2. Assignment
   Neither Party may assign or transfer its rights or obligations without the prior written consent of the other Party, except that Grantee may assign to an Affiliate or to a successor-in-interest to the Dominant Estate upon written notice.

3. Successors & Assigns
   This Agreement is binding upon and inures to the benefit of the Parties and their respective successors and permitted assigns.

4. Severability
   If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to give effect to the Parties’ intent.

5. Entire Agreement
   This Agreement, together with its exhibits and schedules, constitutes the entire agreement between the Parties concerning the subject matter and supersedes all prior agreements, representations, and understandings.

6. Counterparts; Electronic Signatures
   This Agreement may be executed in counterparts, each of which is deemed an original and all of which constitute one instrument. Signatures delivered by electronic means (e.g., PDF, DocuSign) are binding for all purposes.

X. EXECUTION BLOCK

[// GUIDANCE: South Carolina requires either (i) two witnesses OR (ii) one notary public plus one witness for recordation. Adapt as needed.]

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

GRANTOR:

[GRANTOR LEGAL NAME]

By: _____
Name: ____
Title: ____

Witness #1: _______

Witness #2 / Notary Public: _______
(Notary acknowledgment appears below)

GRANTEE:

[GRANTEE LEGAL NAME]

By: _____
Name: ____
Title: ____

Witness #1: _______

Witness #2 / Notary Public: _______

NOTARY ACKNOWLEDGMENT (SOUTH CAROLINA)

STATE OF SOUTH CAROLINA
COUNTY OF [COUNTY]

I, ____, a Notary Public for the State of South Carolina, do hereby certify that on this _ day of _, 20__, personally appeared before me [NAME], [TITLE] of [ENTITY], who acknowledged the due execution of the foregoing Easement Agreement.

Witness my hand and official seal.

Notary Public for South Carolina
My Commission Expires: ____

EXHIBIT A

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

EXHIBIT B

Depiction/Survey of Easement Area
[ATTACH SURVEY OR DRAWING]

EXHIBIT C

Maintenance Specifications (if any)
[INSERT DETAILED SPECIFICATIONS OR “None.”]

[// GUIDANCE: Practitioners should (1) confirm the legal description accuracy, (2) coordinate with surveyor for Exhibit B, (3) verify insurance requirements align with project scope, and (4) re-confirm witness/notary requirements prior to recording under S.C. Code Ann. § 30-5-30.]