Structuring Complex Easement Agreements in Commercial Real Estate Deals
Negotiating Use Rights and Restrictions for Air Space, Mixed-Use Developments, Retail Complexes, and More

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Real Property - Transactions
- event Date
Wednesday, January 15, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will prepare counsel to draft complex easement agreements for mixed-use and commercial developments, including development and air rights issues.
Faculty

Ms. Owens represents clients on a wide range of real estate matters, from finance and workouts to leasing and development. She has experience in retail, office, industrial, and mixed-use transactions, with a particular concentration in retail development and leasing and the restructuring and workout of loans and distressed assets. Ms. Owens has represented clients in numerous transactions involving acquisitions and dispositions (including vacant, improved or income-producing assets), complex debt and equity financing, retail leasing (including the negotiation of leases with national department stores, big box retailers, junior anchors, grocery stores and national small shop tenants), and complex development and reciprocal easement agreements.

Mr. Tshudy represents national and regional real estate developers and investors of industrial, energy, health care, retail, and mixed-use projects through the entire real estate development process, including land control and acquisition, zoning, subdivision and land development approvals, construction financing, condominium and reciprocal easement creation, leasing, and disposition. In Mr. Tshudy’s transactional real estate practice, he regularly leads teams through deals involving options, ground leases, purchase and sale agreements, construction loan documents, mortgage enforceability opinion letters, reciprocal easement agreements, utility extension agreements, and joint venture agreements. In his land use practice, he represents and supervises the representation of clients before municipal governments, municipal authorities, planning commissions, and zoning boards to secure rezoning, zoning, and land development permits and approvals.
Description
Reciprocal easement agreements (REAs) are necessary documents to address access rights for adjacent development, shared utility infrastructure, the construction, maintenance, and repair of shared components, and allocating costs for such shared components. In recent years, REAs and commercial leases have also presented unique challenges to repurposing shopping centers and addressing shared spaces affected by emerging technology, such as parking areas.
Our program will provide a framework for the drafting of reciprocal easements. The panel will provide information on relevant provisions to include in reciprocal easements depending upon the context of the project, including allocating development rights and encroachments into air space related to the development of the property.
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 restrictions on airspace.
Outline
- Types of easements
- Issues to address in easement agreements
- Considerations for mixed-use developments
- Considerations for retail complexes
Benefits
The panel will review these and other crucial issues:
- What are the most demanding emerging challenges in structuring easements in recent years?
- What are the primary elements for counsel to address in commercial and mixed-use developments?
Unlimited access to premium CLE courses:
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Unlimited access to premium CLE, CPE, Professional Skills and Practice-Ready courses.:
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