This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
This contract entered into this --------- day of -, 19-, at , by and between A. B., of ---------, party of the first part, and C. D., of ---------, party of the second part, Witnesses:
That whereas said A. B. is the owner of certain realty described as follows: --------- [insert description of realty]; and whereas C. D. wishes to---------
[insert nature of use which C. D. wishes to make of such realty, such as: to construct a drain across such realty for the purpose of draining hie own land, etc.];
Now, therefore, in consideration of --------- dollars, the receipt whereof is hereby acknowledged, the said A. B. for himself, his heirs, assigns, devisees and grantees, does hereby grant to said €. D., his heirs, assigns, devisees and grantees, the right to --------- [insert statement of use to be made] across the following portion of the aforesaid realty --------- [insert description].
Said improvement shall be constructed as follows: ------ [insert detailed description of the manner in which the improvement is to be constructed, including where necessary provision for constructing and maintaining fences, gates, etc.].
Said A. B. does furthermore covenant for himself, his heirs, assigns, devisees and grantees, that the said C. D., his heirs, assigns, devisees and grantees may enter upon the land of the aforesaid A. B. for the purpose of maintaining and preparing said --------- [insert name of improvement, etc.], but in such case notice shall be given by said €. D., his heirs, assigns, devisees and grantees, at least --------- days before said entry is to be made.
Said C. D. agrees to do no further damage to the property of the said A. B. than is necessary for such maintenance and repair; and said C. D. agrees to pay to said A. B. all the damage caused by said entry.
In witness whereof, etc.
The foregoing instrument should ordinarily be executed In the form required in that jurisdiction for a deed.
For the necessity of written evidence, see Sec. 1271.