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Reciprocal Easement Agreement

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RECIPROCAL EASEMENT AGREEMENT

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RECIPROCAL EASEMENT AGREEMENT

THIS RECIPROCAL EASEMENT AGREEMENT (this "Agreement") is made and entered into as of the day of , , between , a Georgia joint venture (hereinafter, together with its successors and assigns, referred to as "FIRST PARTY"), and , a Georgia limited partnership (hereinafter, together with its successors and assigns, referred to as "SECOND PARTY").

WITNESSETH:

WHEREAS, FIRST PARTY owns fee simple title to a tract of land containing acres and located in Land Lot of the District, Section, County, Georgia and known as , , Georgia by the current system of numbering for the City of , which property is described on Exhibit A attached hereto and incorporated herein by this reference (the "FIRST PARTY Property");

WHEREAS, simultaneous herewith, FIRST PARTY has sold to SECOND PARTY an adjacent tract of land containing acres and also located in Land Lot of the District, Section, County, Georgia and known as , , Georgia by the current system of numbering for the City of , which property is described on Exhibit B attached hereto and hereby incorporated herein by this reference (the "SECOND PARTY Property");

WHEREAS, the FIRST PARTY Property and the SECOND PARTY Property are being developed in contemplation of sharing interior driveways, sanitary sewer, water, and surface water storm drainage and related facilities; and

WHEREAS, FIRST PARTY and SECOND PARTY wish to enter into certain easements for shared driveways, sanitary sewer, water, and surface water drainage and related facilities;

NOW THEREFORE, in consideration of the premises and the mutual covenants herein contained, FIRST PARTY and SECOND PARTY hereby grant to each other, for the benefit of the FIRST PARTY Property and the SECOND PARTY Property, its successors and assigns, the following easements:

1. Shared Driveway Easement.

FIRST PARTY and SECOND PARTY hereby grant to each other and their respective successors and assigns and the tenants of the FIRST PARTY Property and the SECOND PARTY Property to benefit and burden the FIRST PARTY Property and the SECOND PARTY Property, a perpetual, non-exclusive easement (the "Ingress Egress Easement") over those portions of the FIRST PARTY Property and the SECOND PARTY Property which are hatched and identified as the "Ingress/Egress Easement" on Exhibit C attached hereto and incorporated herein by this reference, for purposes of constructing, installing, repairing, maintaining and replacing from time to time driveways, curbs, gutters and related facilities and for purposes of ingress, egress, passage and access by pedestrian or vehicular traffic, over, across and upon the Ingress/Egress Easement.

2. Sanitary Sewer Easement.

FIRST PARTY and SECOND PARTY hereby grant to each other, to benefit and burden the FIRST PARTY Property and the SECOND PARTY Property, a perpetual, non-exclusive easement for twenty feet (20') in width (the "Sanitary Sewer Easement") over those portions of the FIRST PARTY Property and the SECOND PARTY Property which are shaded and identified as the "20' Sanitary Sewer Easement" on Exhibit D attached hereto and incorporated herein by this reference, for purposes of constructing, installing, tying into, repairing, maintaining and replacing from time to time and discharging sewage through an 8" sanitary sewer line which, in turn, will tie into the public sanitary sewer line located within the right-of-way of .

In addition to the easement herein established, FIRST PARTY grants and conveys to SECOND PARTY the right of SECOND PARTY to assign FIRST PARTY's interest in the Sanitary Sewer Easement to County for dedication as a public line and the Sanitary Sewer Easement shall terminate upon such dedication; provided that if County is willing to accept dedication of the Sanitary Sewer Easement, SECOND PARTY agrees that it will consent to such dedication.

3. Water Easement.

FIRST PARTY and SECOND PARTY hereby grant to each other, to benefit and burden the FIRST PARTY Property and the SECOND PARTY Property, a perpetual, non-exclusive easement (the "Water Line Easement") over those portions of the FIRST PARTY Property and the SECOND PARTY Property which are shaded and identified as the "Water Line Easement" on Exhibit E attached hereto and incorporated herein by this reference, for purposes of constructing, installing, tying into, repairing, maintaining and replacing from time to time and for conveying water through an 8" water line which will, in turn, tie into the public water main located within the right-of-way of .

4. Drainage Easements.

FIRST PARTY and SECOND PARTY do hereby establish perpetual, non-exclusive drainage easements (the "Drainage Easement" or collectively, the "Drainage Easements") upon, across and through those portions of the FIRST PARTY Property and the SECOND PARTY Property in the approximate locations which are shaded and identified as "Drainage Easement" on Exhibit F attached hereto and incorporated herein by this reference, for purposes of constructing, installing, tying into, repairing, maintaining and replacing from time to time and discharging water through storm water drainage lines and related drainage facilities, together with the right to discharge stormwater through the northernmost Drainage Easement and into the detention pond to be constructed at the northwest corner of the SECOND PARTY Property (hereinafter referred to as the "Detention Pond").

5. Construction, Maintenance, Costs and Expenses.

A. Construction. SECOND PARTY shall be responsible for the construction of the improvements and facilities comprising the Ingress/Egress Easement, the Sanitary Sewer Easement, the Water Line Easement, and the Drainage Easements (including the Detention Pond) (collectively, the "Easements").

B. Maintenance Expenses. SECOND PARTY shall be obligated for the maintenance, repair or replacement of the Easements. FIRST PARTY shall have no right to perform such construction, maintenance, repair or replacement to the Easements unless and until SECOND PARTY fails to do so as provided below, and except that FIRST PARTY may perform any emergency repairs necessary to prevent damage or loss of service to its property or to prevent imminent injury to persons or property.

6. Relocation.

Each party hereto shall have the right to relocate from time to time the Sanitary Sewer Easement, the Drainage Easements and the Detention Pond so long as such relocation will not result in any interruption of or interference with sanitary sewer or storm drainage service to the improvements to be constructed on the FIRST PARTY Property or the SECOND PARTY Property or otherwise materially or adversely affect the use of any portion of the FIRST PARTY Property or the SECOND PARTY Property.

7. Covenants Running With the Land.

The rights, agreements, duties, obligations, and easements set forth in this Agreement shall run with the land, shall be binding upon and benefit the owners of the FIRST PARTY Property and the SECOND PARTY Property, and every portion thereof in perpetuity, and their successors, assigns and legal representatives.

8. Modifications.

This Agreement may be amended only by a written instrument executed by: (i) SECOND PARTY or any subsequent owner of all or any portion of the SECOND PARTY Property, and (ii) FIRST PARTY or any subsequent owner of all or any portion of the FIRST PARTY Property.

9. Notices.

Any notice sent pursuant to this Agreement shall be in writing and sent by certified or registered mail, return receipt requested, or by nationally recognized overnight delivery service. Initial addresses:

To FIRST PARTY:

To SECOND PARTY:

10. Governing Law.

The laws of the State of Georgia shall govern this Agreement.

11. Counterparts.

This Agreement may be executed in any number of counterparts, each of which shall be an original, but such counterparts together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed under seal as of the day and year above first written.

Signed, sealed and delivered in the presence of:

My Commission Expires:

FIRST PARTY

By:

By:

Title:

Signed, sealed and delivered in the presence of:

My Commission Expires:

SECOND PARTY

By:

Name:

Title:

CONSENT OF MORTGAGEE

The undersigned, being the holder of that certain Deed to Secure Debt and Security Agreement from , dated as of , recorded in Deed Book , page , County, Georgia records, which security deed encumbers the , hereby consents to the execution of this Reciprocal Easement Agreement.

Signed, sealed and delivered in the presence of:

My Commission Expires:

By:

Name:

Title:

[Corporate Seal]

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What a Reciprocal Easement Agreement Is and when it applies

A Reciprocal Easement Agreement (REA) is a recorded real estate contract between adjoining property owners that allocates rights and responsibilities for shared use of land and facilities. Typical provisions cover access, parking, utility corridors, maintenance, repair, insurance, allocation of costs, and rights to construct or remodel within agreed setbacks. An REA defines easement dimensions, exclusive or nonexclusive use, term or perpetual duration, and dispute resolution. Because it affects title and use, the agreement is generally recorded with the county recorder to provide public notice and to bind successors in interest.

Why parties use a Reciprocal Easement Agreement

An REA creates predictable rights and obligations for multiple property owners sharing access, parking, or services, reduces boundary disputes, preserves title priority when recorded, and clarifies cost-sharing and maintenance responsibilities without repeated negotiation.

Why parties use a Reciprocal Easement Agreement

Who typically prepares and signs an REA

Parties and professionals commonly involved include property owners, developers, title companies, lenders, and attorneys coordinating recording and enforcement.

  • Commercial property owners and landlords sharing access drives and parking for multi-parcel developments or shopping centers.
  • Title companies and closing agents prepare exhibits and ensure the REA is recorded to protect priority interests.
  • Lenders and servicers require enforceable easements to secure access and collateral rights for mortgage obligations.

In most transactions an attorney drafts or reviews the REA, and closing involves title review plus recorded indexing so the REA appears in chain-of-title searches.

Core provisions to include in a professional Reciprocal Easement Agreement

A well-drafted REA organizes shared rights and obligations into discrete, enforceable clauses and clear exhibits so future owners can determine use, maintenance, and dispute procedures without ambiguity.

Parties

Identify full legal names and capacities for each owner and any successor entities; attach entity formation or trustee documentation when necessary to show authority to grant easements.

Legal Description

Include full metes-and-bounds or recorded plat references for each parcel; cross-reference assessor parcel numbers and recorded deed book/page for precise title linkage.

Easement Scope

Define permitted uses, dimensions, exclusive or nonexclusive rights, hours of access if applicable, and whether future improvements are allowed within the easement area.

Maintenance

Allocate routine and capital maintenance responsibilities, cost-sharing formulas, repair standards, and procedures for emergency repairs and access to perform maintenance.

Insurance & Indemnity

Specify insurance coverage types and limits, naming requirements for additional insured endorsements, and mutual indemnity or hold harmless clauses tied to use.

Recording & Term

State recording requirement, term (perpetual or limited), termination triggers, and successor obligations; include title company recording instructions and indexing block.

Step-by-step process to complete and record an REA

Follow these sequential steps to prepare, execute, and record a Reciprocal Easement Agreement with clear exhibits and title coordination.

  • 01
    Draft: Prepare REA draft with legal descriptions and exhibits.
  • 02
    Review: Have counsel and title review for encumbrances.
  • 03
    Execute: Obtain signatures, notarizations, and witnessing as required.
  • 04
    Record: File at county recorder and deliver copies to parties.

How to configure an online REA signing workflow

Set up fields, signer order, authentication, and attachments so each party receives, signs, and receives a recorded-ready copy.

Field Configuration
Signature Field Required for each signatory; date auto-populates
Initials Field Optional for page-by-page acknowledgement
Notary Field Enable RON or in-person notary option as needed
Attachments Attach survey, plat map, and exhibits as PDF

Where to send the executed agreement and exhibits

After execution, provide copies to title, lenders, and record the original at the county recorder where the property is located.

  • County Recorder: Record original instrument to provide public notice.
  • Title Company: Deliver copies for title endorsement and indexing.
  • Lender: Send recorded copy to any secured lender for collateral file.
  • Property Manager: Distribute operational provisions to on-site managers.

Digital signing and format requirements for online completion

Use a platform that preserves the signed PDF, creates an audit trail, supports PDF and DOCX exhibits, and can attach survey maps for recording.

  • File Formats: PDF and DOCX supported
  • Integrations: Works with NetSuite and Salesforce
  • Security: TLS 1.2/1.3; AES-256 at rest

Timing and practical deadlines to watch for

Timing affects priority, insurer requirements, and lender funding; allow lead time for title review, notarization, and county recording deskwork.

Title Review Timing:

Allow 5–10 business days for a title company to review and issue endorsements.

Notarization Window:

Coordinate signings so notary acknowledgements are completed before recording.

Recording Delay:

County processing times vary; expect days to several weeks depending on jurisdiction.

Lender Conditions:

Satisfy lender title conditions before funding to avoid delays.

Exhibit Accuracy:

Deliver final survey and plat maps with execution to avoid re-recording.

Key milestones from negotiation through recorded notice

Track milestone dates to preserve priority, satisfy lenders, and coordinate construction or access commencement.

01

Agreement Effective

Date when parties’ obligations begin — often tied to recording.

02

Execution Completed

All signatures, notarizations, and exhibits finalized.

03

Recorded and Indexed

County recorder accepts the instrument for public notice.

04

Title Endorsement Issued

Title insurer issues endorsements reflecting the recorded REA.

Essential data fields and exhibits to include

Parties: Full legal names
Parcel IDs: Assessor parcel numbers
Legal Description: Metes-and-bounds or plat
Exhibit Map: Survey or plat map
Maintenance Terms: Cost split and standards
Signature Blocks: Signatures, dates, notary

Key risks and legal consequences of defects

Lost Priority: Recording delay may harm priority
Boundary Disputes: Ambiguous descriptions invite litigation
Title Exceptions: Unclear terms may trigger exceptions
Lien Exposure: Unallocated costs may become liens
Insurance Gaps: Missing coverage requirements expose parties
Enforceability: Improper authority can void clauses

Common preparation and recording mistakes to avoid

  • Using vague exhibit references that fail to show the easement location precisely, leading to disputes or title objections.
  • Relying on informal maps instead of attaching a recorded survey or plat exhibit that the recorder will accept.
  • Failing to verify signatory authority for entities, resulting in title exceptions or the need for corrective instruments.
  • Neglecting county recording requirements or notary rules (including RON rules), which can prevent indexation and public notice.

Real-world scenarios where a Reciprocal Easement Agreement is used

These two examples show common uses and practical drafting considerations for multi-parcel developments and shared access situations.

Shopping Center Cross-Access

A developer parcels a single shopping center into multiple fee parcels while preserving cross-access for customers and deliveries

  • The REA grants perpetual nonexclusive vehicular and pedestrian access across parcels
  • The recorded REA allocates maintenance costs by square footage, names the managing party, requires insurance, and sets dispute resolution to arbitration to avoid business interruption.

Mixed-Use Building Service Corridors

Two adjoining owners share utility and service corridors behind buildings

  • The REA defines exclusive equipment rights and times for deliveries
  • The agreement requires proportional repair contributions, sets surface restoration standards after work, and mandates that any new above-grade encroachments require unanimous written consent of both owners.

Comparing eSignature vendors for completing and executing REAs

This vendor comparison highlights starting prices and key capabilities relevant to securely signing and managing recorded-ready REAs.

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 Varies
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions about completing and recording an REA

Answers address common signing, notarization, recording, and enforceability questions encountered when preparing a Reciprocal Easement Agreement.


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