When dealing with real estate, particularly with properties that are landlocked or have limited access, an access easement agreement becomes an essential document. This type of agreement establishes the right to use a particular path or route, typically across another property, to enter or exit a secluded area. In this article, we’ll explain what an access easement agreement is, why it’s important, and how to create one.
Access Easement Agreement Defined
An access easement agreement is a legally binding contract that gives an owner of a property, or a group of owners, the authorization to use a particular route on another individual’s property to access their own land. The agreement outlines the terms and conditions of using the path, including maintenance requirements, duration, and fees, if any. It also explains how the agreement can be modified, terminated or enforced if necessary.
Why Is An Access Easement Agreement Important?
Access easement agreements are crucial as they give landowners the right to use an access route that would otherwise be unattainable or not in their possession. For instance, if a property is landlocked and has no direct access to a public road, creating a designated route to get there, crossing an adjacent property may be the only option. Without an access easement, it may be impossible to get a building permit or even to build on the property.
Moreover, an access easement agreement is beneficial to both the landowner granting the right of passage and the owner(s) utilizing the path. For the owner of the property providing the route, it can create an additional income stream since they can charge a fee for the easement use, or even impose conditions that require the maintenance of the path. For the owner of the property needing to access their land, it provides them with a secured, legal way to do so.
How to Create An Access Easement Agreement
When creating an access easement agreement, the first step is to identify the access route and confirm ownership of the path. Both parties should be involved in the creation of the document, and a lawyer should be hired to review and approve it. The agreement should clearly define the duration of the easement, the terms for access, the agreed-upon maintenance requirements, and any fees paid for the use of the pathway.
It’s crucial to include all possible scenarios that could occur in the agreement. For example, if access needs to be granted to a third party, that should be mentioned. Additionally, if the land is sold, the agreement should be transferable with the sale. The agreement should be recorded in the local land registry office to make it official and enforceable.
An access easement agreement is a legal document that should be considered for any property with limited land access. It can provide peace of mind for both parties involved. The agreement should be created by a legal professional, outline the conditions of use, and be recorded in the local land registry office. With proper planning and execution, the agreement can provide an easy and safe way to access otherwise inaccessible properties.