Factors in Drafting Effective Easements
1 hour 30 minutes
Understand the principles applicable to drafting and preparing effective easements.
Easements memorialize the relationship of the parties who will use the underlying property and the easement and serve as a guide for the scope and terms of the use of the easement. Easements contemplate use of the property over many years but changes in property ownership and changes in use cannot always be anticipated and can result in post-execution disputes. Litigation and disputes involving easements are often related to ambiguous easement or omitted terms and can halt or delay a construction project for which the easement is needed but can be avoided with clarity in the easement terms and full contemplation of how the property will be used in all stages. This topic will help for the preparation, negotiation, and execution of easements and to better understand the principles applicable to drafting and preparing effective easements. You will be guided through the relationship and rights of the owner of the underlying property versus the rights of the easement owner, the nature of the interest contemplated by the easement, as well as important legal formalities for finalizing the easement.
• You will be able to recognize rights of the property owner/easement holder.
• You will be able to discuss voluntary vs. condemned easement.
• You will be able to explain nature of interest.
• You will be able to identify legal formalities.