Reciprocal Easement Agreements

Reciprocal facilitation agreements and cost-sharing agreements are not the only way to share common areas. Condominiums do this by creating an association of shared rooms that owns the common areas and keeps them in compliance with the conditions, alliances and restrictions of the municipality. The ride on the CC-R line has the advantage of ensuring the responsibility of a third party, controlled by the owners, of the nuts and screws of the management of the common space. However, this third can increase bureaucracy and costs over the management of the common space through mutual facilitation agreements concluded by the owners themselves. 1. Facilities for car parks, access, interventions and services. The REA should grant both parties the most fundamental rights for the harmonious operation of their respective properties. Each party should have the right to access the other party`s land for vehicle parking and vehicle access and pedestrian access. For example, customers and employees of a large retail business must park anywhere in the mall (subject to agreement from the parties to provide special spaces for staff parking) and go anywhere inside the mall. For customers of mall residents, the property appears to be party property and will be operated as a fully integrated shopping mall. Each party must also “attach” to the procurement systems of the other parties, which is most common when the large retailer “attaches” to the developer`s supply systems for the mall. In addition, parties may need certain intervention rights if their awnings or foundations encroach only minimally on the property of the other party.

All of the above rights would take the form of “facilitations” and should be explained in detail in the REA. These “facilitations” would effectively allow one party not to use exclusively the other party`s assets. Facilities are limited rights to the use of land given to other people or to land. For example, the utility uses relief to go to your property and read your meter. Mutual relief occurs when you grant adjacent land the same rights to your land as they give you. Because REA is an agreement that defines the rights and obligations of different owners, some IFDs may be longer and more complex, depending on the number of stakeholders involved and the specific needs of the owners. The general provisions of an AER contain the following terms: Over time, most REAs are changed when circumstances change and components change ownership. In many cases, therefore, the REA will effectively consist of a series of REAs and separate amendments and ancillary agreements that can become quite complicated.

The basic rule is that the changes made during this process are important because they reveal changes in the circumstances and potential problems that arise in the REA. Sometimes the REA is modified and completely overhauled, which is often preferable at some point. As a general rule, reciprocal facilitation agreements are used when a property is owned by more than one person or institution and individuals or institutions wish to develop the property as an integrated shopping centre. The most common commercial use of mutual relief is in a parking lot. Many malls divide their parking into several parcels and sell these packages to other businesses. The reason the parking looks like a plot of land consistent with some of the buildings inside is that each owner gives any other owner the right to let his clients cross the other grounds.