Structuring Complex Easement Agreements in Commercial Real Estate Deals

Negotiating Use Rights and Restrictions for Air Space, Mixed-Use Developments, Retail Complexes, and More

Recording of a 90-minute CLE webinar with Q&A

Conducted on Wednesday, March 22, 2017
Recorded event now available

This CLE program will prepare counsel to draft complex easement agreements for commercial developments such as mixed-use and retail projects. The panel will also review unique issues that arise with specialized easements such as those for cell towers, wind turbines and air rights.


Reciprocal easement agreements (REAs) often endure for 50 years or more. In recent years, REAs have strained shopping center owners and tenants by presenting obstacles to renovating the centers. As mixed-use developments have become more common, REAs associated with these projects have presented unique challenges. Other complex easements involve use of air space by neighboring construction cranes, cell phone tower leasing, and wind turbine projects.

In addition to accurately describing the easement, its purpose, and necessary parties, the written document should address specific issues such as maintenance, liability, relocation, overburdening, cost allocation, use of an owners’ association, assignability, defaults, notices, remedies, amendments, and lender/lienholder subordination.

Listen as our authoritative panel of practitioners discusses best practices for drafting and negotiating complex easement agreements. The panel will discuss reciprocal easements in commercial developments such as mixed-used and retail projects, as well as issues involved in cell phone towers, wind turbine projects and other restrictions on airspace.


  1. Types of easements
  2. Key issues to address in easement agreements
  3. Airspace restrictions
  4. Easements in mixed-use developments
  5. Easements in retail complexes


The panel will review these and other key issues:

  • What are the complex, emerging challenges in structuring easements in recent years?
  • What are the key elements that should be addressed in commercial and mixed-use developments?
  • How can counsel overcome the challenges in drafting and negotiating air space easements?


Daniel C. Shapiro, Founding Partner
Shapiro & Associates Law, Northbrook, Ill.

Mr. Shapiro practices in the areas of land use, zoning, governmental relations, municipal law, and civil litigation. He represents a wide variety of private developers as well as governmental entities. He handles complex multi-million dollar projects by working closely with his clients to seek necessary zoning entitlements and/or private public partnership financing mechanisms. He has successfully presented legislative and administrative matters before plan commissions, zoning boards as well as village, city and county bodies. He is a frequent lecturer on the issues such as of land use, public/private partnerships, and local government issues.

William H. (Liam) Sherlock, Shareholder
Hutchinson Cox Coons Orr & Sherlock, Eugene, Ore.

Mr. Sherlock has considerable experience in advising clients on resolving property disputes, on complying with environmental laws and regulations, and on other matters pertaining to real property issues. He has extensive experience in appellate matters and regularly appears on behalf of clients before the state Land Use Board of Appeals on land use matters. He successfully litigates complex lawsuits in state and federal courts.

Kinnon W. Williams, Shareholder
Inslee Best Doezie & Ryder, Bellevue, Wash.

Mr. Williams focuses his practice on real estate matters, specifically eminent domain. He is a speaker, educator and an experienced litigator. He has published on many real estate issues including, Washington State Bar Association Real Property Deskbook Chapter on Eminent DomainFine-Tuning the Contract (Right-of-Way Magazine, July/August 2015), Appealing a Relocation Decision (Right-of-Way Magazine, March/April 2016), and Taking Fear Out of Land Acquisition (Fire Chiefs Magazine, Denver. CO., May 2007).

Susan M. Triem, Moderator
Hutchinson Cox Coons Orr & Sherlock, Eugene, Ore.



CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $297.00

How does this work?

Recorded Event

Includes full event recording plus handouts.

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email to place your order.

Recorded Webinar Download $297.00

How does this work?

Recorded Audio Download (MP3) $297.00

How does this work?


Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

or call 1-800-926-7926

CLE Credits

Many states grant CLE credits for on-demand streaming audio programs and recorded events. Our programs are pre-approved in many states. Refer to our state CLE map for state-specific information.

or call 1-800-926-7926

Customer Reviews

The speakers were very knowledgable and engaging.

Jeff Miller

Hawks Bay

The presentation was not too long, but included a great deal of information. The speakers kept to their times and provided an opportunity for questions at the end.

Amy E. McShane

Phillips Lytle

The program covered a fair amount of material in a short time period.

Dawn Sharff

Bradley Arant Boult Cummings

Clearly had right speakers for this seminar.

James Mayer

Holland & Knight

I appreciated that the program addressed real issues that arise on a weekly basis in my practice.

John Galloway

Butler Snow Firm

or call 1-800-926-7926

Real Estate Law Advisory Board

David A. Barksdale


Ballard Spahr

Jacob Bart


Stroock & Stroock & Lavan

Brian W. Blaesser


Robinson & Cole

Ronald B. Grais


Sugar Felsenthal Grais & Hammer

Ren R. Hayhurst


Bryan Cave

Thomas C. Homburger

Of Counsel

K&L Gates

Susan C. Tarnower


Kilpatrick Townsend & Stockton

Clark T. Thiel


Pillsbury Winthrop Shaw Pittman

or call 1-800-926-7926

Our Guarantee

Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.