Tieback, Crane Swing and Encroachment Agreements Explained
Tieback, Crane Swing and Encroachment Agreements
With increasing land development projects taking place in the Greater Toronto Area, property owners are often approached and pursued by property developers to enter into a crane swing agreement, tieback agreement or encroachment agreement with developers. It is possible that the developer will be interested in entering a single contract with the property owner which entails all three agreements. Generally, the property owner is offered some sort of monetary compensation as consideration for entering into such agreement(s). At this point, the property owner will likely approach a real estate lawyer inquiring about their rights prior to entering into such agreement. It is important to note that not all real estate lawyers are well versed in tieback, crane swing and encroachment agreements. We believe that in order to obtain optimal results, your lawyer should have prior experience negotiating such agreements.
How We Can Help
We know exactly how to tactfully negotiate tieback, crane swing and encroachment agreements on your behalf as to obtain the most amount of compensation for you from powerful developers while protecting your interests. Do not feel pressured into entering a contract and let us handle such negotiations on your behalf. Without knowing how much you are entitled to as consideration for entering into such agreements with the developer, you may agree to compensation far below what you would otherwise be entitled to. Our firm offers contingency fees for negotiating such agreements and you do not pay unless we negotiate a better deal on your behalf with the developer. In negotiating such contracts, we also make sure that you are legally protected, and the developer is held responsible for any potential harm done to your property by providing you with a comprehensive indemnity.
What are tiebacks?
A tieback is a horizontal structural support element installed under land that provides stability for retaining walls and deep excavation of a construction project. Tiebacks are generally made up of steel rods or cables and they are drilled into the ground at an angle away from the structure.
What is a Tieback Agreement?
A tieback agreement authorizes a developer to shoot or drill tiebacks under an adjoining property owner’s land. The agreement outlines various rights, obligations, and responsibilities of the developer and the adjoining property owner. You should always consult an experienced lawyer prior to entering into a tieback agreement. Generally, the adjoining property owner’s compensation will depend on the number of tiebacks being installed into his property.
What is a Crane Swing Agreement?
A crane swing agreement refers to an agreement that allows the developer to operate its crane above the property of a nearby neighbour. During the development phase of a construction project, the crane requires enough space to swing or rotate while lifting materials. In some instances, the property being developed does not have enough space to cover the radius of the crane. In these instances, the developer must seek permission from neighbour whose property is within the movement radius of the crane. A crane swing agreement often sets out the scope, duration, compensation, liability, indemnification, and restrictions related to the crane’s operation over nearby properties. We highly recommend that you consult an experienced lawyer prior to entering into a crane swing agreement.
What is an Encroachment Agreement?
It is possible that a developer will require use or occupation of all or a portion of a nearby property to carry forward the construction project. Encroachments can occur in various ways including construction of a fence or driveway that crosses property lines. An encroachment agreement will generally set out the description of the encroachment, grant of easement or license, compensation, maintenance and repair, indemnification, liability, and access rights. Encroachment agreements should always be reviewed by a lawyer as their terms can be complex depending on the specific circumstances.
If you have been approached by a developer to enter a tieback, crane swing or encroachment agreement, you should not sign the agreement without consulting an experienced lawyer who has had previous experience negotiating these agreements. Contact us today for a free consultation.
The information contained in this article is not to be construed as legal advice. The content is drafted and published only for the purpose of providing the public with general information regarding various real estate and business law topics. For legal advice, please contact us.
About the Author:
Shahriar Jahanshahi is the founder and principal lawyer at Jahanshahi Law Firm with a practice focus on representing business star-ups and investors in the province of Ontario. For further information about Shahriar Jahanshahi, click here.