By Dean N. Alterman
Published by American Bar Association. Real Property, Trust and Estate Law Section
KF 657 .A75 2021
It has been said that “possession is nine-tenths of the law.” If that adage is true, where does that leave an easement, a nonpossessory interest in land that permits the holder the right to use the property of another? Even though they are nonpossessory, easements can carry quite a bit of weight. Attorney Dean N. Alterman recognizes the importance of these interests and, with How to Draft Easements, he has drafted a guide to help real estate lawyers prepare clear and effective agreements that could stand the test of time. After defining what an easement is and describing the basic law surrounding easements, the author dives into the heart of his subject and offers some general drafting principles. He also identifies 10 errors that can cause confusion and lead to litigation. The author covers driveway and access easements, appurtenant utility easements, party walls, view easements, encroachment easements, and relocation of easements. In addition to the sample agreements set out in the appendix, there are also sample clauses peppered throughout the text.
More than a textbook or a collection of forms, How to Draft Easements is a practical guide for avoiding drafting missteps and preparing agreements that effectively convey the interest that they intend to transfer.