GRANT OF AN EASEMENT OF SUPPORT FOR A BUILDING

Guideline for Drafting a Grant of an Easement of Support for a Building:

Introduction: Begin by stating the purpose of the document, which is to formalize the grant of an easement of support for a specific building.

Parties: Identify and accurately name all parties involved in the grant, including their full names, addresses, and contact details.

Property Details: Clearly describe the property benefiting from the easement (the dominant property) and the property granting the easement (the servient property). Include details such as boundaries, structures, and the building in need of support.

Easement Terms: Outline the terms and conditions of the easement of support, including the nature of the support required, the location of the support structures, and any restrictions or limitations.

Legal Compliance: Ensure strict adherence to local property laws, regulations, and any other legal requirements governing easements, property rights, and support agreements.

Support Structures: Define the type of support structures that will be installed or maintained to provide support to the building and specify their location and maintenance responsibilities.

Maintenance and Repairs: Specify responsibilities for maintaining and repairing the support structures, including regular inspections and necessary upkeep.

Termination: Clearly outline the circumstances under which the easement of support can be terminated, including any notice requirements for termination.

Dispute Resolution: Establish a mechanism for resolving disputes related to the easement, especially those concerning support, maintenance, or any damage to the building.

Witnesses and Signatures: Include witnesses who can attest to the authenticity of the grant. Obtain signatures from all parties involved to confirm their consent and understanding of the terms.

Legal Review: Before finalizing the document, consult with a legal expert to ensure it complies with all relevant laws, property regulations, and contractual obligations.

Common Mistakes to Avoid:

Unclear Support Terms: Ensure that the terms related to support are explicit and not open to interpretation.

Non-Compliance with Property Laws: Failure to adhere to local property laws and regulations can lead to legal issues and disputes.

Ambiguity: Avoid vague language or unclear terms in the grant that may lead to misinterpretation.

Lack of Clarity on Termination: Clearly outline the circumstances and procedures for terminating the easement of support, if applicable.

Skipping Legal Review: Skipping the legal review process may result in errors or non-compliance with legal and contractual requirements.

A Grant of an Easement of Support for a Building is typically used when a building requires structural support from a neighboring property. It ensures the stability and safety of the building and is commonly found in property agreements and real estate transactions. Adhering to these guidelines and avoiding common mistakes ensures that the easement grant is legally sound, protects the interests of all parties involved, and helps prevent disputes and legal complications related to support and property rights.