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Understand These Concepts Before Signing a Commercial Easement Agreement

Easement

A commercial easement, like a normal easement, is a legal right of way given by one property owner to the other for commercial purposes.  An easement can serve many purposes in the realm of commercial needs.  One easement can allow work trucks of one business to pass through the property of another business for the purposes of delivering goods and products.  Another example of a commercial easement is one party allowing a commercial entity to pass electrical poles or underground wiring on the land for the purposes of creating electricity.  There are multiple types of easements depending on the usage of the easement and which property is the “servient” property and which one is the benefiting property.

Easements

An easement is a grant of property, but it is given in the form of a nonpossessory property interest.  That is why an easement is usually called a “right of way.”  There is no ownership interest given to the holder of the easement; it is simply a grant of permission.  There are different types of easements.  An easement appurtenant is an easement that involves two pieces of land.  One piece of land provides the land for the right of way and other easement benefits from the right of way.  Further, an affirmative easement provides the holder the right or permission to accomplish a specific task on the grantor’s land. As in the example above, this includes traveling through the grantor’s land.  The other kind of easement is called a negative easement.  These types of easements are a rare form.  On the other hand, a negative easement permits the holder of the easement to prevent the grantor from doing something that is otherwise lawful on his or her land.  For example, if one business owner has a restaurant and the other has a farm, a negative easement can prevent the factory owner from burning certain materials on his or her land.

Forming a Commercial Easement Agreement

Easements are generally created by deed conveyance.  In this case, the easement will be stated in the deed conveyance that would have been initiated by the original owners of the land or simply passed down from the subsequent owners.  Easement transfers require the same legal requirements as the transfer of land.  Therefore, to create an easement, a written agreement, signature, and proper exchange of documents are all required.  In some circumstances, the court can impose an easement on two landowners based on public necessity or based on one party’s necessity.  In a commercial setting, the same rules apply.  Often, parties to a commercial easement will use litigation to challenge easement conveyances. These challenges usually surround the duration of the easement, termination, and condemnation proceedings where the government seeks to use private property for public use.

West Palm Beach Real Estate Attorney

We provide legal assistance to individuals who wish to explore commercial easement options. The Office of Law E. Bray has years of experience in drafting and advising on easement agreement.  We will tailor advice based on your unique circumstances. Call the Law Offices of Larry E. Bray, P.A. in West Palm Beach to determine the options that best fits your business real estate needs.

Resource:

law.cornell.edu/wex/easement

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