Easement Document Negotiation
Why can’t I just negotiate the easement document on my own?
There is undue risk associated with negotiating these easement documents without a knowledgeable advocate and attorney, mainly because of two reasons: land rights and money. The language of the easement document sometimes takes advantage of the landowner by convincing you to sign over extra rights that the utility doesn’t necessarily need and to which they don’t have a legal claim. One of our goals is to limit the rights that you give up to the power company. We have dealt with many of these negotiations and are as familiar with the language in the easement document as the power companies. Just because you aren’t knowledgeable in the field of easement acquisition doesn’t mean you should be swindled out of your property rights. By giving up rights that you aren’t legally required to provide, you end up giving up future revenue that you would have received had you not granted those rights.
A benefit of our services is to maximize the dollar amount you will receive from the power company and from future users of the easement. Since the initial offer is a one-time payment, there is no possibility of renegotiating to a better offer in the future. Because these easement documents are for perpetual terms, which means they have no expiration, the amount you receive from the initial negotiation is of great importance. While your attorney will likely be well-versed in the legal aspect of the transaction, we are able to use our proprietary knowledge of comparable acquisition prices to insure you the best price for your land rights. You may think that researching comparable acquisition rates in your area would be a good place to start negotiations, but that information is not only difficult to come by, it also isn’t the only figure to be considered. Other things to take into considerations when valuing the worth of your easement are the effect of the easement document’s restrictions on your property, the area of land that would be rendered unproductive by access roads and other structures, and the impact of the easement on existing and future building sites. The loss of rent and subdivision potential (real as opposed to speculative), loss of vegetation or agriculture potential, and loss of other profits are also things that could affect the value of your easement. We strongly suggest that you don’t go through these negotiations blindly. Please contact us and let us know your specific situation. We will be able to help you maximize the money you receive from the power company while minimizing the rights you give up over your land.