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FACTORS IN DRAFTING EFFECTIVE EASEMENTS

January 16, 2019 | (1:00 pm)
USA (United States of America)
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 the 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 an 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 with the preparation, negotiation, and execution of easements better understand the principles applicable to drafting and preparing effective easements.