The language used to define the use, location, and limitations of the easement should be concise and have a clear meaning. Vague or indefinite language will only invite dispute as to the intent and meaning of the easement and may result in future problems or even litigation by the parties to the easement. This checklist for the preparation of an easement is a drafting tool that will help ensure that all issues concerning an easement have been resolved and contained in the final easement agreement.
Legal Capacity to Contract Legal capacity means that the people entering into the contract are responsible in such a way that the law will make them bound by their promises. In this section we examine how this concept relates to minors, mental incompetents, corporations, partnerships, limited liability companies, executors, trustees, and agents. Minors or Infants The law protects a minor or an infant from his or her contractual promises.