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Right of Way and Easement Agreement

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RIGHT-OF-WAY AND EASEMENT AGREEMENT

STATE OF

COUNTY OF

WHEREAS, by dated , filed , and recorded in Book , beginning at page , in the land records in the office of the of County, , conveyed to Company a right-of-way and easement, feet in width, on, over and across certain real property located and situated in the Quarter of Section , Township , Range , County, , being foot on the side and foot on the side of a constructed along the following-described survey line, to wit:

WHEREAS, by dated , filed , and recorded in Book , beginning at page , in the land records in the office of the above-mentioned clerk, , upon the exercise thereof, conveyed to a right-of-way and easement feet in width on, over and across its real property located in the , County, Mississippi, being foot on each side of the pipeline as constructed thereon;

WHEREAS, all of the real property on which the above-described rights-of-way and easements are located now is owned by , a single person whose address and telephone number are: , , and , respectively;

WHEREAS, , a Delaware corporation, as successor in interest of , wishes to build and construct an additional pipeline on, over and across the above-described rights-of-way and easements to be used in transporting natural gas for the operation of its carbon dioxide processing plant located in the , County, ;

WHEREAS, and now have reached an agreement concerning the granting of a right-of-way and easement to permit the laying, construction, operation, inspection, maintenance, repair and removal of an additional pipeline in the above-described rights-of-way and easements for such purposes and upon terms and conditions as hereinafter provided.

NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and promises herein contained and of other good and valuable considerations, the receipt and full sufficiency of all of which are hereby acknowledged by each of the undersigned parties, , referred to hereinafter at times for convenience simply as "Grantor," and , referred to hereinafter at times for convenience simply as "Grantee," hereby agree as follows:

(1) Grant. Grantor hereby grants, sells and conveys unto Grantee a right-of-way and easement, hereinafter referred to at times for convenience simply as the "subject right-of-way," on, over and across the foot wide strip of real property, being foot on either side of the existing pipeline which was built and is presently located, within the rights-of-way and easements granted by the following-described instruments, to wit:

(a) from , as grantor, to , as grantee, dated , filed , and recorded in Book , beginning at page , in the land records in the office of the Clerk of County, ;

and

(b) Option Agreement For Right-Of-Way and Easement from , as grantor, to , as grantee, dated , filed , and recorded in Book , beginning at page , in the land records in the office of the above-mentioned clerk.

The subject right-of-way shall be for the laying, construction, operation, inspection, maintenance, repair and removal of a to the which is operated by Grantee in the , County, . Said is referred to hereinafter at times for convenience simply as the "subject line."

During construction of the subject line, Grantee may use such cleared areas as may presently exist, not to exceed twenty (20) feet on either side of the subject line, to facilitate its construction operations. During construction operations, Grantee shall avoid destroying or damaging trees, regardless of size, which are not on the subject right of way.

(2) Term. The subject right-of-way, and the rights-of-way and easements granted by the instruments described hereinabove in subparagraphs (a) and (b) of numbered paragraph (1) notwithstanding anything contained in said instruments to the contrary, shall terminate simultaneously with the termination of the unrecorded Lease Agreement between Grantor and Grantee effective , a Memorandum of Lease Agreement of which appears in the land records in the office of the Clerk of County, , in Book , beginning at page , reference to said Lease Agreement being hereby made for all purposes.

(3) Consideration. In addition to the promises, agreements, and covenants contained in this Right-of-Way and Basement Agreement, referred to hereinafter at times for convenience simply an "this Agreement," Grantee shall pay to Grantor the sum of and Dollars ($) as consideration for execution of this Agreement. Said payment shall be made in cash or an equivalency thereof contemporaneously with the execution by Grantor of this Agreement. Grantor, upon the execution hereof, hereby acknowledges the receipt and full sufficiency of said payment.

(4) Survival of Rights/obligations. Under the provisions of the instruments described above in paragraphs (a) and (b) of numbered paragraph (1), Grantor, as successor of and , and Grantee, as successor of , have certain rights and obligations, respectively.

(5) Notice of Construction. Grantee shall give Grantor personal notice by telephone no less than hours prior to commencement of construction on the subject right-of-way, and shall schedule work in the area in and around that portion of the which lies in the subject right-of-way at a mutually agreeable time to permit Grantor to be present while such work is being conducted.

(6) Construction. The subject line shall be buried to a minimum depth of twenty-eight (28) inches below the surface of the subject right-of-way. Grantee shall restore any fences and gates damaged during the construction to their condition prior to construction. In addition, Grantee shall bring all necessary supplies (PVC pipe, couplings, bonding materials, etc.) to the construction site and immediately shall repair any construction damage to the water line which lies in the subject right-of-way.

(7) Removal of Improvements, etc. Within days after the expiration or termination of this Agreement, Grantee shall remove all of its personal property, and from the subject right-of-way.

(8) Restoration of Property. After installation and construction of the subject line and, also, upon the removal of property owned by Grantee from the subject right-of-way, Grantee shall fill and pack all trenches and holes created by such construction and/or removal and shall restore the surface of the subject right-of-way to as close to the same condition as existed prior to the installation of Grantee's pipelines as is reasonably practicable.

Upon the plugging and abandonment of the well presently known as the " Well No. ," which is located , , Grantee shall remove from the a (approximately in width and feet in length) and a (approximately feet square and feet deep), and shall restore the pad area around and near the to as close to the same condition as existed prior to drilling of the well as is reasonably practicable.

(9) Indemnification. It is expressly agreed that Grantor, by granting the subject right-of-way, assumes no responsibility or liability whatsoever to any person or entity by the installation and operation of the subject line, and Grantee shall indemnify, defend and hold Grantor, his successors, administrators, executors and assigns harmless from any and all claims, demands, causes of action, liabilities, losses, costs and expenses of whatsoever kind or nature arising out of, from, or in connection with any one (1) or more of the following...

9.1 Grantor shall give Grantee written notice within days of the receipt by Grantor of written notice or actual knowledge of any such claims...

9.2 Grantor agrees to give Grantee notice, within days, of any condition discovered by Grantor...

9.3 Grantee's duty hereunder shall not arise if such claims... are solely caused by the negligence or intentional conduct of a party indemnified hereunder.

(10) Reservation. It is understood that the subject right-of-way is nonexclusive, and that Grantor reserves the right to utilize the surface of the subject right-of-way for whatever purpose he elects, and to authorize such uses of same by others, so long as such use by Grantor does not interfere with the rights and privileges herein granted.

(11) Warranty. The conveyance of the subject right-of-way is expressly made subject to all liens, easements, servitudes, rights-of-way, oil, gas and mineral leases, exceptions, reservations and grants now in use or appearing in the land records in the office of the Clerk of County, , affecting same...

(12) Change of Ownership. No change or division in Grantor's interest in and to the subject right-of-way shall be binding on Grantee until days after Grantee shall have been furnished with a certified copy of the recorded instrument or instruments evidencing same.

(13) Notices. Except as otherwise provided in this Agreement, any notice or other communication required to be given under this Agreement shall be given in writing and shall be sent by Federal Express or by certified or registered United States mail, postage prepaid.

Grantor:

, Mississippi or

, Mississippi

Grantee:

ATTN:

or

(14) Cumulative Remedies. The various rights, options, elections, powers and remedies contained in this Agreement shall be construed, insofar as possible, as cumulative.

(15) Waiver. No waiver shall be implied from any action or inaction of any party hereto.

(16) Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject right-of-way...

(17) Headings/Captions. The captions herein are for convenience of reference only and shall not affect the interpretation or construction of this Agreement.

(18) Amendment. No alteration, change, modification or addition shall be made to this Agreement unless made in writing signed by Grantor and Grantee.

(19) Restrictions on Assignment. Grantee's rights and obligations under this Agreement may not be assigned or transferred in whole or in part... Paragraph of this Agreement...

(20) Recording. This Agreement shall be recorded in the land records of , .

(21) Severability. If any provision of this Agreement shall be found to be illegal, invalid, or unenforceable...

(22) Governing Law. This Agreement shall be governed under the laws of the State of Mississippi...

(23) Litigation. In the event a suit is filed by any party concerning the terms... the prevailing party shall be entitled to all costs and expenses incurred...

(24) Counterpart. This Agreement may be executed in counterparts...

WITNESS our signatures effective the day of , 20 .

GRANTOR:

BY:

Title:

NOTARY PUBLIC

STATE OF

COUNTY OF

Personally appeared before me, the undersigned authority in and for said county and state, on this day of , within my jurisdiction, the within named , who acknowledged that he executed the above and foregoing instrument.

STATE OF

COUNTY OF

Personally appeared before me, the undersigned authority in and for said county and state, on this day of , within my jurisdiction, the within named , who acknowledged that he is Agent and Attorney in fact of , a corporation, and that for and on behalf of the said corporation, and as its act and deed, when executed the above and foregoing instrument, after first having been duly authorized by said corporation so to do.

My commission expires:

This instrument prepared by:

State Bar No.

Post Office Box

()

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What a Right of Way and Easement Agreement Is

A Right of Way and Easement Agreement is a legal document that grants one party a defined right to use or access another party's land for a specific purpose, such as utility lines, ingress/egress, pipelines, or public access. The agreement describes the location, dimensions, permitted activities, duration, compensation or consideration, maintenance responsibilities, and any restrictions or conditions. Properly drafted easements run with the land and bind future owners when recorded; they should clearly state whether the easement is exclusive or non-exclusive and whether it is temporary, perpetual, or conditional.

Why this Agreement Matters for Property and Projects

A clear Right of Way and Easement Agreement protects property rights, reduces dispute risk, and enables property development, infrastructure installation, and access management while documenting compensation and maintenance obligations.

Why this Agreement Matters for Property and Projects

Typical Parties and Roles

Each signer should confirm authority to bind the entity they represent and understand recording, maintenance, and termination terms before execution.

  • Property owners granting limited access while preserving title and future saleability.
  • Utilities and infrastructure firms securing long-term access for lines, pipelines, or conduits.
  • Municipalities and transit agencies acquiring rights for roads, trails, and public utilities.

Step-by-Step: Completing the Agreement

Follow these steps in order to create a legally sound and recordable Right of Way and Easement Agreement.

  • 01
    Gather title info: Obtain deed, parcel ID, and current owner name.
  • 02
    Define easement: Draft precise location, width, and permitted uses.
  • 03
    Set terms: Specify duration, compensation, and maintenance obligations.
  • 04
    Execute and record: Sign, notarize if required, and file with county recorder.

Essential Components to Include in a Professional Agreement

A robust Right of Way and Easement Agreement anticipates practical, legal, and operational issues by clearly assigning rights, responsibilities, and dispute-resolution methods.

Granting Clause

Clear language that transfers a defined right to use the described area, specifying whether the grant is exclusive or non-exclusive and the exact scope of permitted activities to avoid future interpretation disputes.

Legal Description

A precise legal description or survey exhibit that references metes and bounds, parcel numbers, or recorded maps so the easement can be located and reliably recorded in land records.

Term and Termination

A statement of duration—perpetual, fixed term, or conditional—plus termination events, reversion mechanics, and notice requirements to clarify when the easement ends.

Consideration

The compensation or other consideration exchanged, described in specific dollar amounts or measurable in-kind terms; include payment schedule and tax reporting responsibilities if applicable.

Maintenance and Access

Allocation of maintenance duties, access scheduling, restoration obligations after work, and responsibilities for vegetation control or surface repair to prevent operational disputes.

Liability and Indemnity

Insurance requirements, liability allocation, and indemnity clauses that protect property owners and grantees during construction and ongoing use, including indemnification triggers and limits.

Key Information to Provide on the Form

Grantor: Full legal owner name
Grantee: Full legal recipient name
Property: Legal description or parcel ID
Easement Area: Dimensions and exhibit reference
Term: Start date and duration
Consideration: Monetary or in-kind amount

Typical Processing Flow for an Easement Agreement

This is a common sequence from drafting to recorded instrument.

  • Draft: Prepare agreement with survey exhibit.
  • Review: Parties and counsel review terms.
  • Sign: Execute with required signatures and notarization.
  • Record: File with county recorder to bind title.

Digital Workflow Settings for Online Completion

Configure a secure, auditable signing flow for multiple parties and optional notary steps.

Field Configuration
Signature Order Sequential or parallel signer order
Authentication Email, SMS code, or KBA
Notary Step Include remote notary or in-person step
Recording Exhibit Attach survey PDF for recording

Technical Considerations for eSigning and Recording

Confirm the chosen service supports required evidence for recording and that signed PDFs meet county recorder requirements for acceptance.

  • File Formats: PDF and DOCX supported
  • Integrations: Connectors for storage and CRM
  • Authentication: SMS, email, or advanced methods

Timing Considerations and Typical Deadlines

Identify time-sensitive actions such as survey acquisition, execution windows, and recording to protect rights and support financing or construction schedules.

Survey Completion:

Allow 2–6 weeks depending on scope and season.

Execution Window:

Coordinate signing before conveyance or project start.

Recording Post-Signature:

Record promptly to ensure notice to third parties.

Insurance Effective Date:

Match policy start to access date.

Permit Coordination:

Align with municipal permit timelines.

Key Milestones from Agreement Draft to Recorded Instrument

A sequential view of typical milestones for project planning and risk management.

01

Survey and Exhibit

Complete a boundary survey and draft the easement exhibit.

02

Draft Agreement

Prepare terms reflecting use, maintenance, and compensation.

03

Execution and Notary

Obtain signatures and notary acknowledgements as required.

04

Recordation

File the signed instrument with the county recorder's office.

Common Preparation Pitfalls to Avoid

  • Vague legal descriptions that reference addresses instead of parcel IDs or metes and bounds, causing ambiguity at recording.
  • Missing or inconsistent party names between deed records and the agreement, which can cloud title and delay lender approval.
  • Failing to specify maintenance and restoration obligations for construction, leading to disputes over repairs and cost allocation.
  • Not recording the easement promptly after execution, which leaves the grantor exposed to competing claims and diminishes constructive notice.

Legal and Operational Risks from an Incorrect Agreement

Title Issues: Clouded title or unmarketable property
Enforceability: Ambiguous terms may be invalidated
Liability Exposure: Unallocated indemnities can increase risk
Construction Delay: Access disputes stall projects
Recording Rejection: Non-compliant exhibits may be refused
Tax Consequences: Unclear consideration triggers reporting issues

eSignature Pricing Snapshot for Easement Workflows

Compare base pricing and common capabilities for common eSignature vendors; signNow appears first per sourcing rules.

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 No No No Yes, limited
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Practical Examples from Similar Projects

These condensed examples illustrate how organizations use Right of Way and Easement Agreements in practice.

Martin Properties (Residential Access)

Tim Martin used an online easement template to grant driveway access to a neighbor while preserving resaleability.

  • The agreement included a surveyed exhibit and a maintenance split.
  • After recording, lender review was straightforward and the parties avoided litigation by documenting restoration responsibilities and insurance limits.

Optica Ventures (Utility Corridor)

Optica Ventures negotiated a permanent utility corridor across multiple parcels with a commercial grantee.

  • The easement included indemnity and restoration terms plus mapping exhibits.
  • Recording and clear maintenance obligations enabled uninterrupted construction and simplified transfer when parcels were subdivided later.

Practical Tips for Accurate and Efficient Completion

Apply these practical measures to minimize disputes and ensure recordability.

Use precise legal descriptions
Attach a certified survey exhibit and reference parcel IDs to prevent ambiguity in location or extent.
Confirm signer authority
Verify corporate resolutions or recorded ownership to ensure the signer can bind the entity or individual.
Coordinate recording
Record promptly after execution and confirm county requirements for exhibit format to avoid rejections.
Preserve originals
Retain signed originals and certified copies and store a tamper-evident electronic copy for long-term access.

Frequently Asked Questions and Troubleshooting

Answers to common legal and practical questions about drafting, signing, notarizing, and recording easement agreements.


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