Easements! - Posted by Tony
Posted by Tony on March 22, 2006 at 15:31:27:
The way i would structure it is to find out how much land “space” the windmill would need 50x50 or what ever, then find out how far spaced they need to be and the best positions, have a survey done and create easments for these plots for future use.
Be sure that the easments include a way in (road) to access the sites.
To me this is better then creating leases. By using easments the farmer has the right to use the land up until you need it and it don’t cost you anything once the survey is done and the easments are recorded in the deed.
By the way this is great thinking out of the box. this is common place with billboards and cell towers. so if you need a model just find a billboard or cell tower close, do a title search and modify what they did to suit your needs.
another thought would also be once the easments are in place prior to your sale there is no negotiated cost they are buying subject to the easments, and i would assign or hold the easments in a seprate entity such as a LLC, Nevada Corp or a trust.
Hope this helps