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 premium CLE webinar with Q&A

Conducted on Tuesday, September 18, 2018

Recorded event now available

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Program Materials

This CLE program will prepare counsel to draft complex easement agreements for mixed-use and commercial developments, including issues pertaining to development and air rights.


Reciprocal easement agreements (REAs) often endure for 50 years or more, and are a necessary document to address access rights for adjacent development, shared utility infrastructure, as well as the construction, maintenance and repair of shared components and the allocation of costs for such shared components. In recent years, REAs and commercial leases also have presented unique challenges to the repurposing of shopping centers, as well as the addressing of shared spaces affected by emerging technology, such as parking areas.

Our program will provide a framework for the drafting of reciprocal easements, and will provide additional information on relevant provisions to include in reciprocal easements depending upon the context of the project, including the allocation of development rights, as well as encroachments into air space related to the development of property.



  1. Types of easements
  2. Issues to address in easement agreements
  3. Considerations for mixed-use developments
  4. Considerations for retail complexes


The panel will review these and other crucial issues:

  • What are the most difficult emerging challenges in structuring easements in recent years?
  • What are the primary elements for counsel to address in commercial and mixed-use developments?


Haun, Ashley
Ashley Haun

Ballard Spahr

A member of the firm's Mixed-Use Development and Condominiums Team, Ms. Haun represents clients in connection with...  |  Read More

Noonan, Katherine
Katherine M. Noonan

Ballard Spahr

Ms. Noonan represents developers in mixed-use projects, including analyzing project structure and the drafting,...  |  Read More

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