How to Record a Property Easement Amendment

If you are seeking to amend an existing property easement, you will need to consider whether the easement is one that exists to allow access to public or private utilities, such as sewer, electric or cable television. If so, there is probably little you can do to amend the easement. If you are determined to dispute this type of easement, you will want to contact an attorney. However, if your easement amendment is a mutual agreement between two parties, then recording a property easement amendment involves a few simple steps.

Things You'll Need

• Existing Easement
• Survey of Property
• Attorney
• Notary Public

Instructions

1. If the amendment is to an existing easement between two individuals and you mutually agree to the amendment, agree to the wording of the amendment before you draw up the amended easement.

2. If the reason for seeking an easement amendment arises from a dispute over property boundaries and the surveyor's pins cannot be located, contact a surveyor for a new survey in order to obtain a legal description of the property before you begin any amendment to the easement.

3. Once you have the amended easement, which will include the name of the Grantor (property owner) the Grantee (the person or entity being granted the right of way), and the legal description, it will need to be notarized by a Notary Public.

4. Record the amended easement with the clerk and recorder's office in the county where the property is located.

Tips & Warnings

• You can find do-it-yourself easement forms (as well as other legal forms on-line) See resources below.

References

• Cadden & Fuller LLP: Real Estate Law - Easement Basics