2. Legal and consulting fees. You will need to consult a lawyer and engineer if you plan to grant a crane swing and support the easement. You will consult a lawyer to review and negotiate the easement document. You will consult with an engineer to review and advise on proposed construction plans and ensure that development work does not compromise the structural integrity of improvements on your property (such as the building`s foundation, garage, fence or swimming pool). You may also need to consult with other professionals such as an architect or landscape architect. 10. Other Property Issues. If you have other different real estate problems (e.B. a fence or garage structure that enters the neighboring property, you want to cut down a tree to get a better view, or there are rainwater drainage problems), you now have the possibility and some leverage to solve these problems on favorable conditions. Psychologically, for whatever reason, it is usually easier to agree on these physical improvements/problems of the property than to negotiate financial compensation for the granting of a crane swing and the underlying easement.

1. Damages. The first question we are usually asked is, “What is the usual rate for a crane swing and the underlying easement?” When it comes to money matters, 98% of us seem to belong to the creed of greed. As described below, some of the potential benefits of granting easement may not be monetary. As far as financial compensation is concerned, we have seen that agreements have been reached between good neighbours on compensation ranging from zero to nominal, as well as on five-figure financial compensation. A few times we have seen a landowner claim six-figure compensation, but this almost always fails and is considered a very inequitable and opportunistic hack. A developer will try to move or dig his crane without saving it (if possible and possibly with certain security risks for your property) to avoid being blackmailed by a neighbor who believes he is entitled to a financial windfall from the neighboring development. If these negotiations are not conducted diplomatically, the effects can have long-term effects on your relations with your neighbors.

Redevelopment of the property may also provide an opportunity to improve or redesign landscaping along the property line, a new fence or retaining wall, vehicle driveways leading to the properties, or parking issues. While the neighbor/developer doesn`t want you to interfere with their development plans, it`s possible that solving a design issue along the property line is much more valuable to you than the financial compensation the neighbor is willing to pay to maintain the crane swing and underlying easement. Landowners may enter into a licence agreement with the City of Austin to temporarily intervene in a public right-of-way or easement for the private use of a structure or improvement (see Chapters 14-11 of the Municipal Code). However, license agreements are NOT a permit to excavate in the city`s right-of-way. If your work involves excavations, please contact the Department of Rights of Way Management of the Ministry of Transportation. The City reserves the right to give the licensee 90 days to remove the intrusive improvement. Here are the most common examples of cases where license agreements are required: City of Austin Code Chapters 14-11 – Use of Rights of Way, Department 2 Releasing Public Serviment allows an owner to apply for easement authorization. The release may be made in whole or for part of the servitude. In order to grant a release from easement, the City determines that the release does not interfere with or harm the current or future needs of the responsible municipal and private public and private services.

Release requires the consent of all parties concerned, i.e. all parties currently enjoying the rights of servitude. This measure does not require the approval of the Council. Select the lifting solution below to find the right crane or hoist for your project. If your neighbor only wants a crane swivel easement without easement to support the work, the amount of compensation is usually lower. As Metro Vancouver becomes denser, more and more owners of commercial and residential properties are receiving applications for crane swings and easements on their property in favor of a neighboring property. Maxim Crane is a coast-to-coast crane rental and lifting solutions company specializing in crane rentals and turnkey lifting services, including operated, maintained and bare rentals. As specialists in our field, we offer innovative solutions to meet the requirements of your project. With one of the most modern and extensive fleets of portable cranes in the world, Maxim Crane can provide you with equipment of different capacities.

Each branch is located in more than 60 locations and can offer management services, including transportation, risk management, security and insurance programs unmatched in the industry. Thanks to our extensive resources, we are a one-stop shop for your project requirements. At first, you must obtain the written consent of the owner requesting the crane swing and easement to pay all your legal and other consulting fees, even if the parties do not agree on the terms of the easement. An even more conservative approach would be to make your advisors pay for deductions by the landlord requesting the easement. .