Published by liftdivision
Posted on November 23, 2021
When it comes to construction and development projects, right of way agreements are essential documents that allow for the lawful use of property by different parties. These agreements define how a particular property is to be used and by whom, outlining the rights and responsibilities of all involved parties. If you are in the process of drafting a right of way agreement, it is important to ensure that it is legally and technically sound.
Here is an example of a right of way agreement that can serve as a starting point for your own document:
Parties involved:
This agreement is made between [Insert Name of Property Owner], the owner of the property located at [Insert Property Address] (the “Grantor”), and [Insert Name of Party Seeking Right of Way], the party seeking a right of way to access the property (the “Grantee”).
Purpose:
The purpose of this agreement is to grant the Grantee a right of way to access the property owned by the Grantor.
Terms of the agreement:
The Grantor hereby grants the Grantee a permanent right of way over the following described property: [Insert Property Description].
The Grantee acknowledges that this right of way is for the sole purpose of accessing the property and will not be used for any other purpose without the express written consent of the Grantor.
The Grantee agrees to be responsible for any costs associated with the installation, maintenance, and repair of the right of way. The Grantee will indemnify the Grantor for any damage caused by the installation or use of this right of way, and will maintain adequate insurance coverage to cover any such damage.
The Grantor retains the right to access the property at any time, and the Grantee agrees to cooperate with the Grantor to ensure that there is no interruption of the Grantor`s access.
This right of way agreement is binding on all parties, their heirs, assigns, and successors in interest.
Legal considerations:
It is important to note that right of way agreements are subject to local laws and regulations. It is essential to check with local authorities to ensure that your agreement is in compliance with all applicable laws.
Conclusion:
A well-drafted right of way agreement can facilitate the smooth and lawful use of property by different parties. This example agreement can serve as a starting point for your own document, but it is important to consult with legal experts to ensure that your agreement is legally and technically sound.