Temporary Construction Easement

by Practical Law Real Estate

A temporary construction easement providing a property owner access to adjacent property for a construction project. This Standard Document provides a framework for the property owner undertaking the project (the grantee) to use a portion of the neighboring land (the servient estate) owned by the grantor. It defines the specific easement area and outlines the scope of permitted activities, such as material storage, excavation, and utility access. This agreement addresses critical terms including the duration of the easement, the easement fee, and rights of ingress and egress. It also establishes key covenants by the grantee, such as insurance requirements, indemnification obligations, and the responsibility to restore the easement area to its original condition upon completion of the construction project. The easement is intended to run with the land for the term of the easement and clarifies the property rights and obligations of both parties during real estate development. This Standard Document has integrated notes with important explanations and drafting and negotiating tips. While easements are generally governed by state law, this jurisdictionally neutral template is useful and relevant in every state.