This is a Right of Way Agreement between ______________ (“First Party”), of ____________________ relating to the property at _____________________ and listed in Exhibit 1 and _____________________ (“Second Party”) of ____________________ relating to property at _________________ and listed in Exhibit 2.
(A) The First Party is the registered owner of the property municipally known as __________________ and legally described in Exhibit 1;
(B) The Second Party is the registered owner of the property municipally known as __________________________ and legally described in Exhibit 2;
(C) The parties wish to establish and maintain a mutual right-of-way over their properties;
NOW THEREFORE in consideration of the mutual covenants and conditions hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
I. The First Party hereby grants to the Second Party a right-of-way for the use of the owners and occupants of the Second Party’s Property, in common with the owners and occupants of the First Party’s Property, over the First Party’s Property as described more completely in Exhibit 3.
2. The Second Party hereby grants to the First Party a right-of-way for the use of the owners and occupants of the First Party’s Property, in common with the owners and occupants of the Second Party’s Property, over the Second Party’s Property as described more completely in Exhibit 4.
3. The foregoing rights-of-way shall form a mutual right-of-way (the “Mutual Right-ofWay”) for pedestrians and vehicles over the respective properties.
4. The parties agree to maintain the Mutual Right-of-Way in a good state of repair and to share equally all costs associated with the maintenance and repair thereof.
5. This Agreement shall inure to the benefit of and be binding upon the respective heirs, executors, administrators and assigns of each of the parties hereto.
6. This is the entire agreement between the parties. Any changes must be made in writing and signed by both parties. Any disputes must be brought in the state of ______________.
IN WITNESS WHEREOF this Agreement has been executed by the parties hereto as of the date written below.
First Party Second Party
Right of Way Agreement—Mutual
This review list is provided to inform you about this document in writing and assist you in its preparation. This agreement should be recorded on your deed to preserve your rights. If you give a right of way to another party, without a compensating right of way in return, you should consider selling those rights and add a clause herein to reflect that compensation to you.
- Make multiple copies. Consider getting the document notarized since you should file it with the registry of deeds. Keep a copy with your property papers that relate to the right of way.
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