Can this be signed electronically?

Yes. Electronic signatures are generally enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided intent, consent, attribution, and reliable record retention are present; exceptions such as wills or certain court filings may still require paper.

Is a notary always required?

Notary acknowledgement is usually required to record instruments that affect title. States differ on witness requirements and RON availability, so verify state notary and recorder rules before execution to avoid recording rejection.

What if the legal description is wrong?

An incorrect legal description can result in recording rejection or cloud title. Correct by executing a corrective instrument or affidavit and re-recording as directed by the county recorder and your title company to restore clear title.

Do lenders need to consent?

Often yes. Loan documents may require lender consent before granting easements or altering covenants. Obtain written lender consent where required to prevent acceleration or default under existing promissory notes.

How should originals be stored?

Retain executed originals or certified copies plus electronic audit trails. Store records securely with backups and maintain retention timelines per IRS, HIPAA, or other applicable rules to support audits and disputes.

How do I amend or terminate the agreement?

Follow amendment or termination procedures set in the agreement, obtain required signatures, and record any amendment or termination with the county recorder to preserve notice and priority.

Electronic Signature
Templates
Real estate
Real Estate Conjunctional Agreement

Real Estate Conjunctional Agreement

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REAL ESTATE CONJUNCTIONAL AGREEMENT

PARTIES

This Real Estate Conjunctional Agreement (the Agreement) is entered into by and between:

Party A - Conjunctional Co-Owner Address Contact (phone / email) Party B - Conjunctional Co-Owner Address Contact (phone / email)

RECITALS

WHEREAS, the parties desire to acquire, hold, use, manage and, if necessary, sell the real property described below on a conjunctive basis and to set forth their respective rights, obligations and procedures with respect to ownership, management, financing and disposition of the Property.

PROPERTY IDENTIFICATION

Street Address Parcel / APN Number Legal Description

FINANCIAL TERMS

Purchase Price: $ . Earnest Money Deposit: $

Deposit Holder / Escrow Agent

Financing Contingency (if applicable):

Closing Date: Possession Date:

OWNERSHIP AND TITLE

The parties agree that title to the Property at closing shall be held as:

Ownership Form (select one or state other and specify) Tenants in Common Joint Tenancy Limited Liability Company Other:

Allocation of Ownership (%)

Party A: % Party B: %

CONTRIBUTIONS, EXPENSES AND DISTRIBUTIONS

Capital contributions, mortgage obligations, operating expenses, taxes, insurance and distributions shall be shared in proportion to ownership percentage unless otherwise specified below.

Initial Capital Contributions

Party A: $ Party B: $

Operating Expenses & Allocation

MAINTENANCE, REPAIRS AND IMPROVEMENTS

Routine maintenance and repairs under the aggregate sum specified below may be performed without prior written consent of the non-acting party. Capital improvements in excess of: $ require prior written consent of the other party.

Maintenance and Capital Improvements Procedure

INSURANCE, TAXES AND LIENS

Insurance Requirements

Property taxes and assessments shall be paid by: Shared proportionally Party A Party B

SALE, TRANSFER AND RIGHT OF FIRST REFUSAL

No party shall transfer or encumber its interest in the Property without first offering its interest to the other party on the same material terms. Notice period for exercise of right of first refusal: days.

Buy-Out / Sale Procedure

DEFAULT, CURE AND REMEDIES

Upon default by a party in the performance of any material obligation under this Agreement, the non-defaulting party shall give written notice specifying the nature of the default and providing a cure period of days. If the default is not cured within such period, the non-defaulting party may pursue any remedy at law or equity, including specific performance, forced sale or appointment of a receiver.

DISCLOSURES

The parties make the following disclosures to one another based upon current knowledge:

Lead-based paint disclosure: Yes No

Known mold or water intrusion: Yes No

Prior structural damage or repairs: Yes No

If Yes, Explain

DISPUTE RESOLUTION & GOVERNING LAW

The parties agree that disputes arising under this Agreement shall first be submitted to non-binding mediation. If mediation is unsuccessful, unresolved disputes shall be submitted to binding arbitration administered in accordance with the rules agreed by the parties. The substantive law of the State of shall govern interpretation and enforcement of this Agreement.

NOTICES

All notices under this Agreement shall be in writing and delivered to the addresses set forth below by personal delivery, certified mail (return receipt requested) or overnight courier.

Notice Address for Party A Notice Address for Party B

MISCELLANEOUS

Entire Agreement: This Agreement, including any exhibits and schedules attached hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings. Amendments shall be effective only if in writing and signed by all parties.

Severability: If any provision of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be severed and the remainder of the Agreement shall remain in full force and effect.

Additional Provisions

CERTIFICATION

Each party certifies and warrants that it has the authority to enter into this Agreement, that the information provided in this Agreement is complete and accurate to the best of the signing party's knowledge, and that the signing party has had the opportunity to seek independent legal and tax advice before executing this Agreement.

Party A (Conjunctional Co-Owner):

By:

Date:

Party B (Conjunctional Co-Owner):

By:

Date:

What a Real Estate Conjunctional Agreement Is

A Real Estate Conjunctional Agreement is a written contract that records how two or more parties will share, coordinate, or pool rights and responsibilities affecting real property. Common scenarios include shared access easements, coordinated development across adjacent parcels, joint maintenance obligations, and allocation of costs or benefits. The agreement describes parties, precise legal descriptions, obligations for maintenance and repairs, cost-sharing formulas, dispute-resolution procedures, assignment rules, and termination mechanics, and it typically indicates whether the instrument will be recorded with the county recorder for public notice.

Why a Conjunctional Agreement Matters for Property Title and Use

A Real Estate Conjunctional Agreement reduces ambiguity about shared rights, allocates liability and expenses, and creates a recordable framework that protects parties and third-party interests. It helps lenders, title companies, and future purchasers understand encumbrances and priorities while making enforcement and dispute resolution more predictable under state property law.

Who Commonly Uses This Agreement

Typical users include property owners, developers, homeowners associations, and lenders who need documented shared rights and obligations.

Property owners: co-owners, adjacent parcel holders, or cross-easement parties coordinating repairs and access.
Developers: coordinating phased construction, shared infrastructure, and cost allocation across multiple lots.
HOAs and associations: managing shared spaces, maintenance responsibilities, and assessment obligations among members.

Use counsel for complex terms; record the agreement where required to provide public notice and protect lien and priority interests.

Who Is Authorized to Sign

Owner / Managing Partner

The owner or managing partner signs in their corporate or individual capacity. Include printed name, title, and capacity (for example, 'Member' or 'Trustee'), and attach corporate resolution or proof of authority when an entity signs.

Agent / Attorney-in-Fact

A designated agent or attorney-in-fact may sign on behalf of a party when a valid power of attorney is attached. Ensure the POA specifically authorizes real property agreements and that any state witnessing or notarization requirements are satisfied.

Step-by-Step: How to Complete and Record the Agreement

Follow these steps to prepare, execute, and record a Real Estate Conjunctional Agreement correctly.

01

Prepare Draft: Describe joint rights, responsibilities, and precise property descriptions.
02

Identify Parties: List legal names, roles, and authority to sign for each party.
03

Include Provisions: Add maintenance, cost-sharing, access, dispute resolution, and termination clauses.
04

Record & Notify: Notarize if required; record with county recorder and notify lenders or interest holders.

Digital Workflow Settings for Online Completion

Configure your online signing workflow to capture identity, required fields, and recording-ready outputs.

Field	Configuration
Signer Order	Parallel or sequential signing order
Authentication	Email, SMS code, or KBA verification
Notarization	Enable RON or plan for in-person acknowledgment
Document Output	Export PDF/A with audit trail for recording

Technical Requirements and Supported Integrations

Choose a signing platform that supports required authentication, output formats, and the integrations your team uses.

Integrations: Salesforce, NetSuite, Microsoft 365, Google Workspace, Procore
Document Formats: PDF, DOCX, and PDF/A for long-term retention
Authentication Options: Email link, SMS code, KBA, and SSO available

Export a signed PDF with an audit trail and any required acknowledgments to meet recorder or lender submission rules.

Typical Online Signing and Submission Flow

A standard e-sign workflow reduces in-person handling while preserving audit evidence needed for enforceability and recording.

Upload Document: Sender uploads finalized agreement draft to the e-sign platform.
Place Fields: Add signature, date, initial, and acknowledgement fields where required.
Authenticate Signers: Signers receive link and confirm identity via chosen method.
Finalize & Export: System captures audit trail and generates recorder-ready PDF.

Core Components to Include in a Professional Agreement

A robust Real Estate Conjunctional Agreement includes clear, enforceable sections that protect parties and title interests.

Property Description

Provide precise metes-and-bounds, parcel or tax ID, and recorded instrument references; inaccuracies can lead to recording rejection or title disputes and additional surveying costs.

Defined Parties

Identify each party with legal entity name, address, and capacity (owner, trustee, manager) so signers and title companies can verify authority.

Maintenance & Costs

Specify cost-sharing formulas, schedule for routine maintenance, allocation for capital repairs, billing procedures, and remedies for nonpayment to reduce disputes.

Access & Easements

Document rights of ingress, egress, parking, and utility access with precise limits and mapping references to avoid ambiguous usage claims.

Dispute Resolution

Include negotiation timelines, mediation or arbitration clauses, and choice-of-law provisions to streamline conflict resolution and control litigation costs.

Recording & Priority

State whether the instrument will be recorded, include acknowledgement language, and explain effects on lien priority and notice to lenders or successors.

Key Timing Considerations and Deadlines

Track execution, recording, and notice deadlines to protect priority and lien positions.

Effective Date Entry:

Enter as MM/DD/YYYY to fix performance and notice timelines.

Execution Window:

Complete signatures before construction or use milestones to avoid disputes.

Recording Deadline:

Record promptly after execution to preserve priority against subsequent purchasers.

Lender Notification:

Notify encumbering lenders per loan documents to address consent requirements.

Tax Reporting:

Retain payment and assessment records for applicable tax reporting periods.

Milestones from Draft to Recorded Instrument

A sequential milestone view helps coordinate parties, notaries, and county recording offices.

01

Draft Finalization

Parties agree on terms and confirm legal descriptions prior to signature routing.

02

Execution

All parties sign in the required capacities, with attached proof of authority as needed.

03

Acknowledgment / Notary

Obtain notary acknowledgment per state rules, or complete RON session where allowed.

04

Recording & Notice

Record with county recorder and send recorded instrument copies to lenders and titled parties.

How a Conjunctional Agreement Compares to a Standard Purchase Agreement

A brief comparison highlights primary purpose, recording needs, and typical parties involved.

Criteria	Conjunctional Agreement	Purchase Agreement
Primary purpose	coordinate use/rights	transfer ownership
Recording requirement	often recorded	recorded at closing
Typical parties	owners, hoas, developers	buyer and seller
Effect on title	creates encumbrance/rights	changes ownership record

Common Preparation Errors to Avoid

Using ambiguous property language that omits parcel numbers or metes and bounds, which can lead to recording rejection and title disputes.
Failing to identify signatory capacity or attach corporate resolutions or powers of attorney, producing challenges to authority at closing or in title examination.
Omitting maintenance schedules or cost-allocation formulas, leaving parties to litigate proportional obligations or defer needed repairs for extended periods.
Neglecting to obtain and include lender consents when required by loan documents, creating risks of loan default or acceleration clauses.

Short-Form Risks and Applicable Penalties

Recording Rejection: Incorrect legal description — title delay

Tax Penalties: 1099 errors — IRC §6721

I-9 Violations: I-9 paperwork errors — 8 CFR §274a.2

Notary Defects: Improper acknowledgement — recording refused

Contract Ambiguity: Vague terms — enforcement risk

Intentional Disregard: Higher fines under IRC §6721

Practical Tips for Accurate and Efficient Completion

Follow these best practices to reduce rework, ensure recordability, and maintain clear evidence of intent and consent.

Confirm Legal Names and Authority

Verify each signer’s legal name against government ID or entity filings, and attach corporate resolutions or powers of attorney when an entity or agent signs to avoid title or enforcement challenges.

Use Recorder-Ready Language

Include standard acknowledgment language and a complete legal description to minimize the chance of county recorder rejection and to preserve priority vis-à-vis subsequent instruments.

Document Cost Allocations Precisely

Set fixed formulas or schedules for maintenance and capital expenses, define billing and reimbursement mechanics, and specify remedies for nonpayment to limit future disputes and collection friction.

Retain Signed Originals and Audit Trails

Keep executed originals or certified copies plus the electronic audit trail showing intent, authentication method, timestamps, and IP addresses to support enforceability and chain-of-custody claims.

eSignature Vendor Comparison for Real Estate Documents

Comparison of common eSignature vendor plans and features relevant to executing and managing Real Estate Conjunctional Agreements. Prices reflect typical per-user annual billing where available.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No envelope cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Real-World Examples and Outcomes

Two customer examples illustrate typical benefits when agreements are executed and managed correctly.

Martin Properties (Tim Martin)

Tim Martin used digital execution for property agreements to speed closings and ensure compliance.

The interface supported mobile and offline signing.
He reports processing and executing documents online with full compliance and built-in security, enabling efficient return of required forms to counterparties and reducing in-person coordination burdens.

Optica Ventures (Brian Fitzgibbons)

Optica Ventures standardized templates and e-sign workflows for joint-use agreements to reduce drafting time.

Templates ensured consistent clauses.
The team found the interface simple for internal users and equally easy for clients, improving turnaround and reducing administrative follow-up on signature collection.

Frequently Asked Questions About Conjunctional Agreements

[INTRO] Answers to common questions about drafting, signing, notarizing, recording, and retaining these agreements.

Need help? Contact support

Can this be signed electronically?
Yes. Electronic signatures are generally enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided intent, consent, attribution, and reliable record retention are present; exceptions such as wills or certain court filings may still require paper.
Is a notary always required?
Notary acknowledgement is usually required to record instruments that affect title. States differ on witness requirements and RON availability, so verify state notary and recorder rules before execution to avoid recording rejection.
What if the legal description is wrong?
An incorrect legal description can result in recording rejection or cloud title. Correct by executing a corrective instrument or affidavit and re-recording as directed by the county recorder and your title company to restore clear title.
Do lenders need to consent?
Often yes. Loan documents may require lender consent before granting easements or altering covenants. Obtain written lender consent where required to prevent acceleration or default under existing promissory notes.
How should originals be stored?
Retain executed originals or certified copies plus electronic audit trails. Store records securely with backups and maintain retention timelines per IRS, HIPAA, or other applicable rules to support audits and disputes.
How do I amend or terminate the agreement?
Follow amendment or termination procedures set in the agreement, obtain required signatures, and record any amendment or termination with the county recorder to preserve notice and priority.

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