Right of Way Agreement–Mutual

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.

WHEREAS:

(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-of-
Way”) 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

________________ __________________
Witness Witness

Date:

Right of Way Agreement—Mutual

Review List

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.

1. 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.