How to Draft Easements

(Paperback)

Publishing Details

Classifications

Physical Properties

Description

What is an easement The classical definition of an easement is a nonpossessory interest in the land of another that entitles the holder to use the land for a particular purpose. Most easement agreements create relationships that the parties want to last indefinitely, i.e., forever, or until the easement itself becomes obsolete a century or two later. Keep in mind when you draft an easement agreement that a hundred years later the owners of the properties tied to the agreement may dispute what it means, when the original parties will not be available to explain what they meant.

Table of Contents

1. What Is an Easement
2. Basic Easement Theory
3. Easements in Gross
4. General Drafting Principles for Appurtenant Easements
5. Driveway and Access Easements
6. Appurtenant Utility Easements
7. Party Walls and Fences
8. View Easements
9. Encroachment Easements
10. Relocation Rights and Wrongs
11. Ten Ways to Misdraft Your Easement Agreement

Author Bio

In more than30 years of law practice, Dean Alterman has advised private businesses and real estate investors across a range that includes buying, selling, and leasing commercial and multi-family real estate, negotiating development agreements, forming condominiums, acquiring and selling businesses, and the other legal matters that come up in the business world. Known for his unusual memory and his mathematical mind, Dean brings to his practice the experience of eight years in real estate sales, two terms on a county planning commission, and a stint as an outside director of a community bank and its holding company. Dean frequently speaks and writes on real estate and land use topics. In 2015 the American Bar Association published his first book, a primer for aspiring real estate lawyers titled How to Build a Real Estate Law Practice. In 2021 the ABA published his second book, a practical guide for real estate lawyers called How to Draft Easements. When not at his desk advising clients, Dean is an active leader in Portland's civic life, with present or past board service on many cultural and educational organizations, including the Portland Japanese Garden, the Japan-America Society of Oregon, and Portland Piano International. Dean earned his A.B. in statistics from Harvard College in 1981. Dean received his J.D., magna cum laude, from Northwestern School of Law of Lewis and Clark College in 1989.