A commercial lease is where a property owner allows a business to occupy its property for a specific time frame. In return, the tenant will pay rent for the commercial property. A commercial lease agreement contains all the details of a commercial lease, such as the rental amount and the rights and obligations of both parties. One such lease term is an easement. As easement is a legal right a tenant may benefit from servient land. It is crucial that you abide by a commercial lease agreement, or you risk breaching the commercial lease. This article will explain what you need to know about easements in commercial leases.<\/p>\n\n\n\n
A property owner can grant an easement from their ‘servient land\u2019 to another property owner who, therefore, has the \u2018dominant land\u2019. The right allows the person with the dominant land to use the servient land for a particular purpose. An easement may cover the whole property or land or a part of it. The rights an easement can grant may cover a variety of privileges, such as:<\/p>\n\n\n\n
Therefore, a right of way is a type of easement. This may be a right of way agreed upon between two property owners or a public right of way, which is \u2018the right to roam\u2019.<\/p>\n\n\n\n
When a property owner grants a right through an easement, this restricts what they can do with their property. For example, they can no longer build on the part of the property or have the same access restrictions to it.<\/p>\n<\/div>\n\n\n\n
Easements may be express, which is where the property owner permits the right either through a<\/p>\n\n\n\n
Alternatively, an easement can be granted when people have been using certain land for a specific purpose over several years, for example, a public right of way. <\/p>\n\n\n\n
When you enter a commercial lease, you may find that the property it concerns has easements attached to it. A typical type of easement attached to a commercial property may be a right of way. For example, the following easements could apply to commercial premises:<\/p>\n\n\n\n