Property Easement Agreement
Property Easement Agreement
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State of Alabama
BACKGROUND
________
of
________
and the following Grantee of the Easement (hereinafter referred to as the "Grantee"), of
the following address:
________
of
________
B. WHEREAS, the Grantor is the owner of certain real property at the following address:
________
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________
C. WHEREAS, the Grantee desires to acquire certain rights in the Servient Estate and
the Grantor wishes to provide those rights.
I. GRANT OF EASEMENT.
________
________
3. It is the intention of the Parties that the Easement be granted appurtenant to the
Dominant Estate, in that the Easement benefits the use and enjoyment of the Dominant
Estate by the Grantee.
________
IV. LIMITATIONS.
5. It is expressly agreed that the easement, rights, and privileges conveyed to Grantee
are limited in the following manner:
________
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V. PAYMENT.
7. The Grantee shall pay the Grantor's fixed fee in the form of one lump sum payment,
due upon the termination of this Agreement.
8. For any payment that is not paid when due, the Grantee shall pay a late fee of $2
(two US dollars).
10. This Easement will terminate automatically after the following amount of time:
________.
11. The Easement shall terminate if the purposes of the Easement cease to exist, are
abandoned by the Grantee, or become impossible to perform.
12. This Agreement is made expressly for the benefit of, and shall be binding on, the
heirs, personal representatives, successors in interest, and assigns of the respective
Parties.
13. The easement, rights, and privileges granted by this Easement are exclusive, and
Grantor covenants not to convey any other easement or conflicting rights within the area
covered by this grant.
14. Grantor retains, reserves, and shall continue to enjoy the use of the surface of the
land subject to this Easement for any and all purposes that do not interfere with or
prevent the use by Grantee of the Easement.
15. Grantor's retained rights include, but are not limited to, the right to build and use the
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surface of the Easement for drainage ditches and private streets, roads, driveways,
alleys, walks, gardens, lawns, planting or parking areas, and other similar such uses.
16. The Grantor further reserves the right to dedicate all or any part of the property
affected by this Easement to any city for use as a public street, road, or alley, if the
dedication can be accomplished without extinguishing or otherwise interfering with the
rights of Grantee in the Easement.
17. If the Grantor or any of Grantor's successors or assigns dedicates all or any part of
the property affected by this Easement, the Grantee and its successors and assigns
shall execute all instruments that may be necessary or appropriate to effectuate the
dedications.
18. Grantee shall have the duty to repair and maintain the property subject to the
Easement and shall at all times keep the easement property free and open for the
benefit of Grantor and any other concurrent user.
20. Grantee shall have the right to keep access to the Easement open by removing
vegetation and by cutting or trimming trees or vegetation that may encroach on the
easement property.
21. Grantee shall have the right to cut and trim trees or shrubbery that may encroach on
the easement property. Grantee shall dispose of all cuttings and trimmings by hauling
them away from the premises.
X. LIABILITY INSURANCE.
22. Grantee shall maintain liability insurance on the Easement in an amount not less
than $2 (two US dollars).
24. Grantee shall deliver evidence to Grantor as proof that sufficient insurance is in force
and issued by companies reasonably satisfactory to Grantor.
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25. Grantor shall receive advance written notice from the insurer prior to any termination
of such insurance policies during the duration of the Easement.
26. Should Grantee fail to perform any covenant, undertaking, or obligation arising under
this Easement, all rights and privileges granted shall terminate and the provisions of this
Agreement creating the Easement shall be of no further effect.
27. In such a case, within thirty days of receipt of a written demand from Grantor,
Grantee shall execute and record all documents necessary to terminate the Easement of
record.
28. Should Grantee fail or refuse to record the necessary documents, Grantor shall be
entitled to bring an action for the purpose of declaring the Easement to be terminated.
XII.
29. This Agreement contains the entire agreement of the Parties, and there are no other
promises or conditions in any other agreement, whether oral or written, concerning the
subject matter of this Agreement.
30. This Agreement supersedes any prior written or oral agreements between the
Parties.
XIV. SEVERABILITY.
31. If any provision of this Agreement will be held to be invalid or unenforceable for any
reason, the remaining provisions will continue to be valid and enforceable.
32. If a court finds that any provision of this Agreement is invalid or unenforceable, but
that by limiting such provision it would become valid and enforceable, then such
provision will be deemed to be written, construed, and enforced as so limited.
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XV. AMENDMENT.
33. This Agreement may be modified or amended in writing, if the writing is signed by
the Party obligated under the amendment.
34. This Agreement shall be construed in accordance with the laws of the State of
Alabama.
XVII. NOTICE.
35. Any notice or communication required or permitted under this Agreement shall be
sufficiently given if delivered in person or by certified mail, return receipt requested, to
the address set forth in the opening paragraph of this Agreement or to such other
address as one Party may have furnished to the other in writing.
36. The failure of either Party to enforce any provision of this Agreement shall not be
construed as a waiver or limitation of that Party's right to subsequently enforce and
compel strict compliance with every provision of this Agreement.
EXECUTION:
_________________________________
________, Grantor
_________________
Date
_________________________________
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________, Grantee
_________________
Date
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