Easement Agreement

WYOMING EASEMENT AGREEMENT

Specific-location gate. Under Wyo. Stat. Ann. § 34-1-141, an easement executed and recorded after the statute's effective date is null and void if it does not specifically describe its location. An agreement that leaves location for later may remain valid for one year, but if a specific description is not recorded within that year, it has no further force or effect. The description need not be a survey, but it must be sufficient to locate the easement. Do not record this form without completing Exhibit B or deliberately using the one-year location process with Wyoming counsel.

Recording gate. An easement is a conveyance affecting an interest in real estate under § 34-1-102. The conveying party executes and acknowledges it; record in the county where the land lies. Recording supplies priority and notice under §§ 34-1-120 and 34-1-121.

1. Parties and Property

This Easement Agreement (the “Agreement”) is made and delivered on [__/__/____] by:

Grantor: [FULL LEGAL NAME]

Grantor address: [________________________________]

Grantor capacity / entity / trust: [________________________________]

and:

Grantee: [FULL LEGAL NAME]

Grantee address for the county clerk and notices: [________________________________]

Grantor's property burdened by the Easement (the “Servient Estate”):

• County: [________________________________] County, Wyoming
• Street or common address: [________________________________]
• Parcel number: [________________________________]
• Full legal description: ☐ Exhibit A attached ☐ [________________________________]
• Current vesting instrument: [________________________________]

If appurtenant, Grantee's benefited property (the “Dominant Estate”):

• County: [________________________________] County, Wyoming
• Parcel number: [________________________________]
• Full legal description: ☐ Exhibit C attached ☐ [________________________________]
• Current vesting instrument: [________________________________]

Grantor states only that Grantor is the person or entity whose interest is intended to pass under this Agreement. Title, authority, liens, mortgages, prior easements, mineral rights, leases, possession, and required consents must be confirmed through the title and authority review in Section 10.

2. Easement Classification and Grant

Select and complete one classification; delete the other.

☐ Appurtenant Easement. Grantor conveys to Grantee, for the benefit of the Dominant Estate described above and its successors in title, a [PERPETUAL / TERM-LIMITED], [EXCLUSIVE / NON-EXCLUSIVE] easement over the Easement Area for the Permitted Use.

☐ Easement in Gross. Grantor conveys to Grantee, and only to these specifically identified permitted successors or assignees [________________________________], a [PERPETUAL / TERM-LIMITED], [EXCLUSIVE / NON-EXCLUSIVE] easement over the Easement Area for the Permitted Use.

The “Easement Area” is the exact area legally described in Exhibit B. The “Permitted Use” is only:

[DETAILED PURPOSE, FACILITIES, VEHICLES, USERS, FREQUENCY, CAPACITY, AND ACCESS NEEDED: ________________________________________________]

No right outside the Easement Area or Permitted Use is granted by implication under this Agreement.

3. Section 34-1-141 Location Record

Select one route only.

☐ Location fixed now. Exhibit B contains a specific description sufficient to locate the Easement Area and will be recorded with this Agreement.

☐ Location to be fixed within one year. The Parties intentionally use the process described in Wyo. Stat. Ann. § 34-1-141(b)-(d). This Agreement is executed on [__/__/____]. The final specific description must be agreed, executed in recordable form, and recorded no later than [__/__/____ — ONE YEAR MAXIMUM]. Responsible person: [________________________________].

Temporary location or design criteria pending final description: [________________________________]

Failure to record the specific description within the statutory one-year period is not converted into a perpetual floating easement, an automatic extension, or a unilateral right to choose location. Stop and obtain Wyoming counsel if the final description is disputed or the deadline cannot be met.

4. Consideration and Effective Time

Consideration: [PAYMENT / EXCHANGE / MUTUAL COVENANTS / OTHER: __________________________________]

Payment or delivery terms: [________________________________]

Delivery and effective time: This Agreement is delivered through [CLOSING AGENT / METHOD] and becomes effective on [DATE / EVENT], subject to the location route in Section 3 and these stated conditions: [________________________________].

Do not make effectiveness depend solely on recording if the parties intend another delivery rule; record the intended delivery and escrow instructions precisely.

5. Use, Access, and Restrictions

Grantee may use the Easement Area only for the Permitted Use and may enter the Servient Estate outside that area only through this separately described access route, if any: [________________________________].

Grantee shall:

1. obtain permits and approvals applicable to its work;
2. avoid unreasonable interference with lawful use of the Servient Estate;
3. keep work within the described area and approved access route;
4. restore disturbed land and improvements as specified here: [________________________________];
5. follow these construction, safety, drainage, gate, livestock, weed, fire, utility-locate, and seasonal controls: [________________________________]; and
6. give this nonemergency work notice: [METHOD AND LEAD TIME: __________________________________].

Grantor reserves every ownership right not conveyed, but shall not place or authorize an obstruction that materially prevents the Permitted Use.

6. Facilities, Maintenance, and Costs

Emergency access and notice: [________________________________]

Relocation right: ☐ none ☐ only through a recorded amendment signed by required interest holders ☐ detailed relocation procedure attached as Exhibit D.

A relocation clause must preserve a specifically locatable recorded Easement Area and must be reviewed under § 34-1-141 before use.

7. Insurance and Risk Allocation

Select negotiated terms only after insurance and enforceability review.

Insurance required of Grantee: [COVERAGE / LIMIT / ADDITIONAL INSURED / EVIDENCE: __________________________________]

Third-party claim allocation: Grantee shall indemnify Grantor only to the extent a third-party claim, damage, or reasonable defense cost is caused by [Grantee's negligence / willful misconduct / breach / specified activity: __________________________________], excluding the extent caused by Grantor or a person outside Grantee's control.

Property-damage allocation: [________________________________]

No negotiated indemnity: ☐ If selected, delete the indemnity sentence above.

This Agreement states no automatic damages cap, consequential-damages waiver, punitive-damages waiver, or force-majeure excuse. Add one only through a separately reviewed rider that does not purport to alter the recorded property interest.

8. Term, Release, and Record Clearing

Term: ☐ perpetual ☐ begins [__/__/____] and ends [__/__/____].

The Easement may be cleared from the record through:

1. expiration of the stated term, documented by a recordable instrument if required by the title professional;
2. a written release executed and acknowledged by every required holder of the benefited interest and recorded in the county where the land lies;
3. a final court order suitable for recording; or
4. another extinguishment event that Wyoming title counsel confirms applies to the completed facts and documents.

No fixed period of nonuse is selected as automatic abandonment. Default, delayed use, insolvency, bankruptcy, nonuse, alleged interference, condemnation, merger, or a disputed boundary does not by itself authorize either Party to record a unilateral termination under this form.

Release preparation and recording responsibility: [________________________________]

Facility removal and restoration after termination: [________________________________]

9. Default and Dispute Process

A Party alleging breach shall give written notice describing the facts and requested cure. Cure period: [________] days, except for an emergency or a breach not reasonably curable within that period if the responding Party begins and diligently continues a cure.

Available remedies remain those a court or selected arbitrator may lawfully award under the completed facts. This Agreement does not promise specific performance, an injunction, fee shifting, forfeiture, or extinguishment merely because a breach occurred.

Dispute route—select one:

☐ Court of competent jurisdiction, with venue and jurisdiction determined under applicable law and the location of the affected property.

☐ Binding arbitration under [ADMINISTRATOR / RULES / SEAT], with court access for recordable, title, nonparty, and provisional relief to the extent required.

This template includes no jury-trial waiver. Wyoming counsel must separately draft and review any proposed waiver.

10. Title, Consent, and Recording Profile

Complete before execution:

Under § 34-1-119, the county clerk may not record until the grantee's address is furnished and records originally signed documents, qualifying electronic documents, or properly certified/authenticated copies. Section 34-1-142 requires a completed sworn statement before acceptance of an instrument transferring legal or equitable title to real property; counsel and the clerk must classify whether and how that section applies to this easement transaction.

11. Recording

The Parties direct [RESPONSIBLE PERSON] to record the acknowledged Agreement and completed Exhibits in the office of the county clerk for [COUNTY] County, Wyoming, after every item in Section 10 is cleared.

Under §§ 34-1-120 and 34-1-121, an unrecorded conveyance can lose to a qualifying later purchaser who records first, while a properly recorded instrument gives notice and precedence from delivery to the county clerk for record.

Any amendment changing location, width, purpose, term, benefited estate, burdened estate, assignment class, relocation procedure, or termination must be executed and acknowledged by the required interest holders and recorded after § 34-1-141 review.

12. General Terms

Notices: [METHOD / ADDRESS / EFFECTIVE TIME: __________________________________]

Entire agreement: This Agreement and its recorded Exhibits state the Parties' agreement concerning the Easement. The following separate documents also control for the limited purposes stated: [________________________________].

Amendments: A change affecting the Easement or recorded title must be in a signed, acknowledged, and recorded instrument. An operational waiver not affecting title must be in writing signed by the Party against whom it is asserted.

No third-party beneficiaries: [SELECT / REVISE: Only the Parties and the successors or assignees specifically identified in Section 2 receive rights under this Agreement.]

Severability: If a provision is unenforceable, it may not be rewritten to enlarge the Easement Area, Permitted Use, duration, assignment class, or burden on the Servient Estate.

Counterparts and electronic process: The Parties may sign counterparts only in a form the county clerk accepts for recording. Do not treat a transmitted PDF as a substitute for the original signed or qualifying electronically recorded instrument described in § 34-1-119.

13. Signatures

GRANTOR

Signature: __________________________________

Printed name: [________________________________]

Title or capacity: [________________________________]

Date: [__/__/____]

GRANTEE — acceptance of duties and payment terms

Signature: __________________________________

Printed name: [________________________________]

Title or capacity: [________________________________]

Date: [__/__/____]

14. Notarial Acknowledgments

Select and complete a separate certificate for each signer whose acknowledgment is required. Wyo. Stat. Ann. § 32-3-115 short forms must be completed with the information required by § 32-3-114.

Individual Capacity

State of ______________________

County of _____________________

This record was acknowledged before me on [DATE] by [NAME OF PERSON].

__________________________________

Signature of notarial officer

[STAMP]

Title and rank: [________________________________]

My commission expires: [________________________________]

Representative Capacity

State of ______________________

County of _____________________

This record was acknowledged before me on [DATE] by [NAME OF PERSON] as [TYPE OF AUTHORITY, E.G., OFFICER OR TRUSTEE] of [NAME OF PARTY ON WHOSE BEHALF INSTRUMENT WAS EXECUTED].

__________________________________

Signature of notarial officer

[STAMP]

Title and rank: [________________________________]

My commission expires: [________________________________]

Exhibits

• Exhibit A — Legal Description of Servient Estate
• Exhibit B — Specific Locatable Description of Easement Area
• Exhibit C — Legal Description of Dominant Estate, if appurtenant
• Exhibit D — Approved Relocation Procedure, if any
• Exhibit E — Construction, Maintenance, and Restoration Standards
• Exhibit F — Required Consents, Subordinations, or Approvals

Sources and References

• Wyoming Legislature, Title 34 — Property, Conveyances and Security Transactions.
• Wyoming Legislature, Title 32 — Notaries Public.