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Frequently Asked Questions:

What happens if a tenant’s proposed activity is in conflict with an easement on the premises?

It depends upon which document – the easement or the lease – was in place first. If the easement predates the lease, the lease would have to abide by the terms of the easement. If there is an easement on the premises, it should be attached to the lease and referred to if there is any doubt about a particular activity or use. If an easement is going to be placed on property after a lease is in place, the lease has standing, and the easement must reflect the existence of the lease. However, changes to the lease could be negotiated to be consistent with an easement. In any case, the terms of the lease and the terms of the easement should not conflict.

Posted in: Permitted, Restricted and Prohibited Uses, Lease Agreements