Easements
An easement is an interest in land in the possession of another which entitles the owner of such interest to a limited use or enjoyment of the land in which the interest exists. Braaten v. Jarvi, 247 N.W.2d 279, 282 (Minn. App. 1984). Easements are most commonly used for utilities.
Minnesota State Colleges and Universities grants revocable easements to parties that wish to cross campus lands. A party seeking an easement across a campus that is part of the MnSCU system shall pay fair compensation for the easement right. The Vice-Chancellor - Chief Financial Officer of MnSCU is the authorized signor of easements.
The information required for an easement:
- Intent of the parties and the physical characteristics of the land, as well as the future intentions of the parties and the potential development of the land.
- The purpose of the easement (in addition to traditional purposes, an easement can be used to settle encroachment disputes).
- Description of the easement area. (A legal description will be required, which will require a land survey.)
- Description of the easement rights to be created (should be as broad or a limited in scope as intended by the parties). Examples include utilities, roads, drainage.
- Description of the land to be benefited (“dominant parcel”), and address potential subdivision of the dominant parcel and whether the benefits should be extended to additional property acquired by the owner of the dominant parcel.
- Identification of the duration of the easement (for a term of years, or until a specified event). Minnesota State Colleges and Universities does not grant perpetual easements, as a rule, but will allow for the relocation in the event the easement property is needed for future campus growth.
- Identification whether the easement is exclusive or nonexclusive (address the use of the easement area by the owner of the servient parcel and others).
- Whether the easement holder has the right to construct improvements within the easement area.
- Whether the allocation of maintenance responsibilities and expenditures (include the right of access outside the easement area for repair, if needed).
- Copy of a title commitment for the parcel to be encumbered, to ensure that the easement doesn't conflict with other easements or interests in the land.
Below is a copy of the standard easement agreement most commonly used by Minnesota State Colleges and Universities.
