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

or call 1-800-926-7926
Program Materials

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.

Description

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.

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Outline

  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

Benefits

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?

Faculty

Daniel C. Shapiro
Daniel C. Shapiro

Founding Partner
Shapiro & Associates Law

Mr. Shapiro practices in the areas of land use, zoning, governmental relations, municipal law, and civil litigation. He...  |  Read More

William H. (Liam) Sherlock
William H. (Liam) Sherlock

Shareholder
Hutchinson Cox Coons Orr & Sherlock

Mr. Sherlock has considerable experience in advising clients on resolving property disputes, on complying with...  |  Read More

Kinnon W. Williams
Kinnon W. Williams

Shareholder
Inslee Best Doezie & Ryder

Mr. Williams focuses his practice on real estate matters, specifically eminent domain. He is a speaker,...  |  Read More

Susan M. Triem
Susan M. Triem
Moderator
Hutchinson Cox Coons Orr & Sherlock

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