10. Other property issues. If you have other problems with the land (z.B. a fence or garage structure that enters the neighbouring land, want to cut down a tree to have better visibility, or there are problems with rainwater drainage), you now have the opportunity and some leverage to solve these problems on advantageous terms. Psychologically, for whatever reason, it is generally easier to agree on these physical property improvements/questions than to negotiate financial compensation for crane swinging and support. 6. Negotiation issues. As noted above, if you start with a significant legal and advisory fee, this can reduce your negotiating position, especially if the owner requesting the facilitation is only responsible for these fees if a final agreement is signed. In this case, a compensation clause in an easing agreement required that the beneficiary of the compensation (contractor) be obliged to first excuse the legal fees of Renitee (owner of the adjacent land) in the event of misappropriation of property. It was an agreement on the “crane swing, return tie and swing scaffolding” and provided relief to the contractor during construction of the land adjacent to a high turret. During the crest of the excavation, the foundations of the neighbouring buildings were built. If you are one of the owners, the neighbor approaches for a crane swing and relief, then the famous fear of missing can sneak in and paralyze the negotiations. No one wants to hear that they chose $5,000 and their neighbour received $30,000 for exactly the same facility.
One way to tackle this problem without delaying development is to require you to receive the same amount that the developer pays to the neighbor who receives the most compensation for the granting of crane oscillation and support (in international economic negotiations, it is called the “status of the most favored nation”). If the facility is not registered with the Landesrechtsamt and you sell your property before the development project is completed, the new owner of the property may take the position that it is not bound by the conditions of ease. This could expose you to action from the owner/developer who paid you compensation for the crane swing and support rights. With all condos and construction developments in the greater Toronto area, neighbouring owners are often approached by the developer who wishes to enter into a tieback and crane contract with them. These types of agreements give the developer permission to drill under a neighbouring lot to install tiebacks or nail polishes in crushed concrete on a neighbouring land. This benefits the developer because it can build the basis of their development cheaper and faster. In addition, the developer may apply for permission to operate a crane swing over neighbouring land. However, the owners are not allowed to do so unless the neighbouring owner grants them permission. Remember, you own the soil and rocks under your property, as well as the air rights above your property.
It is important that this decision also helps to predict the risk of a construction company from an insequent decision. However, a developer who does not obtain swing rights from neighbouring land may have to expect damages for the use of adjacent airspace, instead of having to stop construction completely by an injunction.