Can an REA be electronically signed?

Yes. Electronic signatures satisfy the ESIGN Act (15 U.S.C. §7001) and state UETA statutes when the parties manifest intent, consent, attribution, and record retention, except where a specific statutory exception applies.

Is remote notarization acceptable for recording?

Many states accept remote online notarization (RON); requirements include identity proofing, audio-video recording, and retention. Verify the county recorder and state notary rules before relying on RON for recordable real estate instruments.

What causes a title company to object?

Common title objections arise from ambiguous legal descriptions, missing exhibits, improper signatory authority, or failure to provide required endorsements; resolve before recording to avoid exceptions.

How should exhibits be formatted for recording?

Attach surveys and plats as high-resolution, page-numbered PDF exhibits labeled in the REA; include a reference to the exhibit in the body text so the recorder indexes the attachment correctly.

Can terms be amended later?

Yes. Amendments typically require a written, signed amendment instrument referencing the original REA and must be recorded to affect third parties; specify amendment procedures in the original REA.

Who can sign on behalf of an entity?

Only an individual with documented authority (officer, authorized agent, or someone with a corporate resolution) should sign; attach authority documentation to avoid enforceability and title issues.

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Reciprocal Easement Agreement

Reciprocal Easement Agreement

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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.

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.

Need help? Contact support

Can an REA be electronically signed?
Yes. Electronic signatures satisfy the ESIGN Act (15 U.S.C. §7001) and state UETA statutes when the parties manifest intent, consent, attribution, and record retention, except where a specific statutory exception applies.
Is remote notarization acceptable for recording?
Many states accept remote online notarization (RON); requirements include identity proofing, audio-video recording, and retention. Verify the county recorder and state notary rules before relying on RON for recordable real estate instruments.
What causes a title company to object?
Common title objections arise from ambiguous legal descriptions, missing exhibits, improper signatory authority, or failure to provide required endorsements; resolve before recording to avoid exceptions.
How should exhibits be formatted for recording?
Attach surveys and plats as high-resolution, page-numbered PDF exhibits labeled in the REA; include a reference to the exhibit in the body text so the recorder indexes the attachment correctly.
Can terms be amended later?
Yes. Amendments typically require a written, signed amendment instrument referencing the original REA and must be recorded to affect third parties; specify amendment procedures in the original REA.
Who can sign on behalf of an entity?
Only an individual with documented authority (officer, authorized agent, or someone with a corporate resolution) should sign; attach authority documentation to avoid enforceability and title issues.

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