How to negotiate an easement
“In general, however, most developers would rather negotiate an easement with the landowner. More important, landowners are usually better off having a reasonable easement in place than losing rights to the property through eminent domain or other authority. This does, of course, assume that the developer will agree to reasonable surface use provisions in the easement, and will later comply with those provisions once it is on the property.
A number of common revisions are made to easement documents on behalf of landowners. Many easements contain warranty clauses, provisions by which the landowner warrants clear title to the land. It should be the developer’s responsibility to check title to land, and this provision should be deleted.”
Braaten, Derrick. AG Week 17 March 2014.