Jefferson County Easement Deed Form (Alabama)

All Jefferson County specific forms and documents listed below are included in your immediate download package:

Easement Deed Form

Jefferson County Easement Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Jefferson County compliant document last validated/updated 6/14/2024

Easement Deed Guide

Jefferson County Easement Deed Guide

Line by line guide explaining every blank on the form.
Included Jefferson County compliant document last validated/updated 6/3/2024

Completed Example of the Easement Deed Document

Jefferson County Completed Example of the Easement Deed Document

Example of a properly completed form for reference.
Included Jefferson County compliant document last validated/updated 11/10/2023

Guide to Writing an Easement Description

Jefferson County Guide to Writing an Easement Description

A Description of the Easement will be required, apply this guide to write an acceptable description of an easement/right of way, which gives access, to and from - point A to point B.
Included Jefferson County compliant document last validated/updated 6/20/2024

When using these Easement Deed forms, the subject real estate must be physically located in Jefferson County. The executed documents should then be recorded in one of the following offices:

Probate Court: Recording Division

Courthouse - 716 N Richard Arrington Jr Blvd, Rm 115, Birmingham, Alabama 35203

Hours: 8:00 to 4:00 M-F

Phone: (205) 325-5411

Bessemer Office

Courthouse - 1801 3rd Ave N, Bessemer, Alabama 35020

Hours: 8:00 to 4:00 M-F

Phone: (205) 481-4100

Local jurisdictions located in Jefferson County include:

  • Adamsville
  • Adger
  • Alton
  • Bessemer
  • Birmingham
  • Brookside
  • Cardiff
  • Clay
  • Docena
  • Dolomite
  • Dora
  • Fairfield
  • Fultondale
  • Gardendale
  • Graysville
  • Kimberly
  • Leeds
  • Mc Calla
  • Morris
  • Mount Olive
  • Mulga
  • New Castle
  • Palmerdale
  • Pinson
  • Pleasant Grove
  • Sayre
  • Shannon
  • Trafford
  • Trussville
  • Warrior
  • Watson

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Jefferson County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Jefferson County using our eRecording service.
Are these forms guaranteed to be recordable in Jefferson County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Jefferson County including margin requirements, content requirements, font and font size requirements.

Can the Easement Deed forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Jefferson County that you need to transfer you would only need to order our forms once for all of your properties in Jefferson County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Alabama or Jefferson County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our Jefferson County Easement Deed forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

Do I need any special software to use these forms?

You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.

Do I have to enter all of my property information online?

No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.

Can I save the completed form, email it to someone?

Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

Easements in Alabama

An easement is a non-possessory right in the holder of an easement to use land. In other words, an easement is a "lesser" interest in the real estate that allows the party benefiting from the easement use the property, such as using it for access, installation of utility lines, etc. [1]

There are three major types of easements; appurtenant easements, easements in gross, and prescriptive easements. The transferability of an easement depends on what type it is. Two parties must be present to create an easement: the grantor, or the servient tenant, is the person who owns the property, and the grantee, or dominant tenant, is the person who is allowed access to the property. Easements can either be exclusive, meaning the servient tenant is excluded from the benefits of the easement, or non-exclusive, where the servient tenant can access these benefits.

Easements can also create restrictions on property use, like prohibiting where someone might build a fence or add a structure to their property. In Alabama, easements do not have to be acquired by express conveyance; they can also be implied or acquired through necessity, as opposed to a formal recorded instrument [3]. Therefore, it is essential to research the property's history for any unwritten easements prior to purchasing land [4].

Easements have some benefits, but there are also negative effects on the property value when they are created. The general use of an easement is to award another person the right to use an owner's land, which be an undesirable arrangement for future owners. Sometimes, easements are used to give utility companies the right to erect power lines or bury gas pipelines across a tract of land, which could possibly affect resale values of a property if people are uncomfortable living so close to power lines, or if the power lines are viewed as unsightly [2].

Record easements in the same manner as other land records in the county where the property is located. A lawful easement includes the grantor's full name and marital status, as well as the grantee's full name, marital status, and mailing address. The purpose of the easement must also be explained in the document. Contact the recording department of the appropriate probate office for information about fees and accepted forms of payment.

After an easement is created, it will be included in the legal description of any following deeds, and it will remain in place when the land is transferred. The only way to remove an easement from a property is for both parties to agree to a release and terminate the easement.

This article is provided for informational purposes only and is not a substitute for the advice of an attorney. Contact a lawyer with any questions about easement deeds or other issues related to the transfer of real property.

[1] https://www.law.cornell.edu/wex/easement
[2] https://robertking.net/2009/10/29/alabama-land-easements-land-accessibility/
[3] Miller v. Harris, 945 So. 2d 1072 (Ala. Civ. App. 2006)
[4] https://www.law.cornell.edu/cfr/text/43/2650.4-7

Our Promise

The documents you receive here will meet, or exceed, the Jefferson County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

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Get your Jefferson County Easement Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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December 20th, 2021

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