Tomorrow Dean Alterman and Erica Menze will present a session on negotiating and drafting easement agreements at the annual conference of the Real Estate and Land Use Section of the Oregon State Bar. Here’s a sneak peek at one of our practice pointers: the passive voice is to be avoided. If you want to impose an obligation on a party, don’t say “the obligation shall be done”; say “Party X must perform the obligation.” For example, if you want the grantee to maintain a driveway, don’t say “the driveway will be maintained”; say “Grantee will maintain the driveway . . . ” and then add the specifics, such as ” . . . as a 12-foot wide all-weather gravel road, passable by cars and light trucks.” Another pointer: provide a legal description not just for the grantor’s tract and the grantee’s tract, but also for the easement area. Don’t encumber the grantor’s entire tract with the easement if the accessway will use only a small part of it.