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.

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.

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, 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.

 


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Customer Reviews

I appreciated the 'real world' examples on how a Seller or a Buyer would actually approach a particular rep or warranty issue in today's market.

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Lowndes Drosdick

Clearly had right speakers for this seminar.

James Mayer

Holland & Knight

The speaker's practical discussions were particularly helpful.

Kenneth J. Clarkson

Sullivan, Ward, Asher & Patton

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.

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Real Estate Law Advisory Board

David A. Barksdale

Partner

Ballard Spahr

Jacob Bart

Partner

Stroock & Stroock & Lavan

Brian W. Blaesser

Partner

Robinson & Cole

Ronald B. Grais

Of Counsel

Jenner & Block

Ren R. Hayhurst

Partner

Bryan Cave

Thomas C. Homburger

Of Counsel

K&L Gates

Susan C. Tarnower

Counsel

Kilpatrick Townsend & Stockton

Clark T. Thiel

Partner

Jones Day

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