Grant of Easement Agreement


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									This is an agreement that grants adjoining property owners the right to use the
neighboring property for a specified purpose. An easement grants its holder certain
rights to use real property without transferring ownership. This particular document is
entered into between two owners of adjoining parcels of land for the ingress and egress
of vehicles and pedestrians. However, this agreement can easily be modified to provide
another reason for granting the easement. This document is ideal for individuals or
entities to grant an easement to a neighboring property owner.
                                 GRANT OF EASEMENT AGREEMENT

THIS AGREEMENT, made this          day of                    , 201             , by and between
_____________________________, (hereinafter, “Owner 1”), and
           , (hereinafter, “Owner 2”).

WHEREAS, the Parties are the fee owners of adjoining real estate properties (hereinafter,
individually, a “Property”, and collectively, the “Properties”) located in the City of
_____________, in the County of_______, in the State of ___________. The location and
proximity of Properties is clearly depicted on the drawing annexed hereto as Exhibit A and the
Easement(s) granted is/are clearly depicted on the Exhibit B attached hereto (“Easement Area”);
{Instruction: If properties are located in an unincorporated area, or are otherwise outside of
any city boundary; write “N/A” or “Not Applicable” under the space for 'City,' above.}

AND WHEREAS, the parties wish to mutually grant common driveway and sidewalk easements
through and across a portion of one or both parcels for ingress and egress purposes only between
the Properties or for ingress and egress to one or both of the Properties;

NOW THEREFORE, in consideration of the sum of One Dollar ($1.00) paid by each of the
parties to the other, the receipt and sufficiency of which is hereby acknowledged by the parties,
and the obligations set forth herein, the parties hereby agree as follows:

1.     The Parties hereby mutually grant each other a perpetual, nonexclusive easement as
described in Exhibit B for so long as the Easement Area is used exclusively for
vehicular and pedestrian ingress and egress purposes only to and from each Property, with
driveway and sidewalk easements and parking easements in the parking spaces. Each party
expressly reserves for itself, its successors and its assigns, the right to use the Easement Area or
to grant other easements or licenses at the same location so long as such use does not
unreasonably interfere with the rights herein granted.

2.      Nothing contained in this Agreement shall prevent a party from relocating any parking
areas, driveways or sidewalks on its property. No party shall erect or install barricades or other
improvements on its property which unreasonably interferes with the easement granted herein.
Notwithstanding the foregoing, the parties may temporarily close or impede the easement
granted herein:

(a) for a reasonable period of time during any period of construction on its Property, provided
that the Party seeking the closure or impediment shall use all reasonable means necessary to
minimize the effect of the closure or impediment; or

(b) at other times reasonably necessary for the purpose of avoiding any claim for adverse
possession or prescription. Such temporary closure shall not exceed ten (10) consecutive days
without the other Party’s prior written consent.

3.      The Parties shall maintain the Easement Area together and the operation and maintenance
of the Easement Area shall be shared equally between the Parties.

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4.    The Parties agree that the Easement granted hereunder is subject to all liens,
encumbrances, covenants, conditions, restrictions, reservations, contracts, leases and licenses,
easements, and rights of way pertaining to the Property, whether or not of record.

5.      The Parties agree to comply with all applicable laws, ordinances and regulations,
including but not limited to all applicable regulatory, environmental and safety requirements and
the Parties shall divide the costs equally amongst themselves.

6.     The Parties agree not to use, deposit or permit the use or deposit of any hazardous
material or toxic waste or other harmful substances on the Easement Area or on any other real
property adjacent to the Easement Area.

7.       The Parties mutually agree not to materially interfere with the use by and operation and
activities of the other party on its property, and the parties will make sure to cause the least
amount of damage and inconvenience to the other that is reasonably possible.

8.       The Parties shall be jointly responsible for any damage to the Easement Area or that of
third parties resulting from any exercise of the rights herein granted, including but not limited to
soil erosion, subsidence or damage resulting there from. The Parties agree to collectively repair
and restore to its original condition any of the Property, including, but not limited to, roads,
utilities, buildings and fences that may be altered, damaged or destroyed in connection with the
exercise of the Easement or use of the Easement Area.

9.      Each party shall indemnify, hold harmless and defend the other, its agents, licensees,
successors and assigns from and against any claim, liability, loss, damage or expense, including
reasonable attorneys' fees, arising from or related to any injury to person or property of any third
party and occurring as a result of the exercise of the easements granted herein to such party
except if caused by the gross negligence or willful misconduct of such party or its tenants,
licensees, employees or contractors.

10.     Any notice to any party by another party shall be sufficiently given if in writing and
delivered personally, by courier or private service delivery, or on the third business day after
deposit in the mail for registered or certified mail, postage prepaid, return receipt requested, at
the address mentioned in the introductory paragraph of this Agreement.

11.    The covenants and agreements contained herein shall run with the properties and shall be
binding upon and inure to the benefit of the Parties and their successors and assigns, their
mortgagees and their assigns.

12.    This instrument contains the entire agreement between the parties relating to the rights
herein granted and the obligations herein assumed. Any oral representations or modifications
concerning this instrument shall be of no force or effect except in a subsequent modification in
writing, signed by the party to be charged.

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13.     This grant of Easement shall be governed by and constructed in accordance with the law
of the State of ___________________.

IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first
above written.

Owner 1:

                                        Print Name

Owner 2:

                                        Print Name

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STATE OF _____________

COUNTY OF _________________

        On _______________________ before me, ___________________________ , a notary
public      in     and     for     said    County       and      State,     personally     appeared
____________________________________ personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s), acted, executed the instrument.

WITNESS my hand and official seal.

     (Signature of Notary Public)

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