A Subsurface Easement Agreement becomes necessary when an entity requires access to or use of underground space beneath someone else's property. This document is commonly used in the United States for various purposes including utility installation, resource extraction, or underground construction. The agreement defines the exact location and dimensions of the subsurface space, permitted activities, duration of rights, compensation, and responsibilities of all parties. It must comply with federal, state, and local regulations while protecting both the grantor's and grantee's interests. The document is particularly important for ensuring clear legal rights and preventing future disputes regarding underground access and usage.
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1. Parties: Identification of grantor and grantee with full legal names and addresses
2. Background: Context of the agreement and property description
3. Definitions: Key terms used throughout the agreement
4. Grant of Easement: Specific rights being granted and description of subsurface area
5. Term and Termination: Duration of the easement and conditions for termination
6. Consideration: Payment or other value exchanged for the easement rights
7. Rights and Obligations: Specific rights and responsibilities of each party
1. Insurance Requirements: Provisions detailing insurance obligations of the grantee when activities pose significant risk
2. Environmental Provisions: Environmental protection measures and compliance requirements when activities may impact environmental conditions
3. Surface Restoration: Requirements for restoring surface conditions when surface access is needed for subsurface activities
1. Schedule A - Property Description: Legal description of the property and easement area
2. Schedule B - Survey Plans: Technical drawings and surveys of the easement area
3. Schedule C - Permitted Uses: Detailed list of authorized activities within the easement
4. Schedule D - Access Protocol: Procedures for accessing the easement area
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