Okay, someone hands you an
easement form and expects you to sign it without a second thought. WAKE
UP! Alarms should be going off right now!
As a bare-minimum first step,
you should have someone knowledgeable read over the details of the agreement and
give you an expert opinion. That's what we do
here! We provide a
personalized Easement
Analysis directly to you. With decades of
experience, our experts have a pretty good eye for gross inequities that may be
foisted upon you.
Immediately below is a partial copy (page 1
overlays page 2) of what has
become a typical "easement" which is presented to landowners. A lawyer has
been employed to draft the most advantageous contract for his corporate client, to hell
with you.
Tract-specific, personal information has been redacted.
The above agreement runs on for
5 pages. Here is the partial Easement
Analysis supplied by
Goodlife Publishers and specific to this proposed easement:
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Easement Analysis
for Mr. John Doe
Supplied by Goodlife Publishers
Opening paragraph:
A. Must be
limited to one and only one pipeline; if Grantee wants to install another
pipeline then another easement must be sought and procured.
B. Abandonment
in place must not be permitted; you don’t want to be required to clean
up Grantee’s mess.
C. Have
Grantee list the actual equipment to be installed; make the list of
equipment an attachment - such as Exhibit “B”, show both above and below
ground appurtenances.
D. Insist upon
a legal survey; as stated here, this is nothing more than a blanket
easement and will encumber the whole parcel; notice Exhibit “A” shows
approximate distances and even states that it is not a legal survey.
E. Limit
access (ingress/egress) to the easement to the easement strip itself; in
other words, Grantee may access at road intersections only; if this is not
done, Grantee will decide the best access for himself and it may go
anywhere on the parcel.
Second paragraph:
A. If a legal
survey is performed as in D. above, this is not necessary; if the survey
turns out to be inaccurate, a superceding easement should be prepared,
executed and filed. Delete this paragraph and insist upon a legal survey.
Paragraph #1:
A. Let’s not
give away the farm! Grantee wants you to say that you will never sue them
for any reason whatsoever. Ridiculous in the extreme! Delete the whole
damned thing.
Paragraph #2:
A. All topsoil
for any excavated area should be segregated and replaced to original
condition and contour, as near as practicable including
reseeding/landscaping with similar vegetation.
Paragraph #3:
A. A minimum
depth of bury should stated and it should be as you agree to - no less
than 4 feet. Have them provide you with a copy of the industry
standards and applicable laws.
Paragraph #4:
A. Okay.
Paragraph #5:
A. NO access
from land adjacent to the temporary or permanent easement area. Grantee
can access from road intersections and stay within the easement area. You
may wish to reserve the right to cross the easements with roads and
fences.
Paragraph #6:
A. Okay.
Paragraph #7:
A. You don’t
need to appoint anyone agent or “attorney in fact” for anything.
Grantee can send any payments to the address shown here.
Paragraph #8:
A. No way
should Grantor indemnify and hold harmless. Delete second sentence.
Paragraph #9:
A. No
next-business-day delivery requirement and only by US Postal Service. No
fax, email, hand delivery.
Paragraph #10:
A. We don’t
like the wording regarding “covenant”. The whole second sentence
should be deleted.
Paragraph #11:
A. We see no
reason to agree that the easement area may change and certainly would not
agree to this paragraph. This is just further evidence of a blanket
easement that will encumber all of the land.
Paragraph #12:
A. Okay.
Paragraph #13:
A. Should be
with Grantor’s written permission, which will not be unreasonably
withheld.
Paragraph #14:
A. Should also
include laws of the United States of America.
Paragraph #15:
A. Okay.
There should also be
a signature page and all pages should be numbered (such as “page 3 of 5“) or
be ............
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Goodlife Publishers' expert
consultants can prepare
an Easement Analysis of any easement presented
to you. Based upon extensive
experience dealing with easements, you may be assured that the analysis will be
thorough, in-depth and complete. Should you find it necessary to retain
legal services, the Easement
Analysis is a good starting point for your attorney and may contain
information to which he/she is not privy.
How it works: You send an
electronic copy of the easement to Goodlife Publishers (.gif, .jpg, .pdf or
fax). You may also send by surface mail if time is not a problem. This copy is reviewed within 48 hours and your
personalized Easement
Analysis is transmitted to you in PDF format along with a copy of The Landowner's
Guide to Easements and Right of Ways and The
Easement Inquiry. Total turnaround for a detailed analysis: 72
hours or less, guaranteed!
Limited Time Cost: $89.99.
Details for your transmittal will be given after checkout.
Please modify any email blocking you may use to allow receipt from the
goodlifepublishers.com domain.
Any and all information provided pursuant to a request for an
Easement
Analysis will be held in the strictest confidence and will
not be revealed to any outside parties.
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