Build over agreements, also known as easement agreements or construction licenses, are common legal documents that allow property owners to build on or over land that does not belong to them. These agreements are necessary when the proposed development encroaches on the rights of neighboring properties or public land.
The most common type of build over agreement is for building extensions or additions that cross the boundary line or overhang an adjacent property. This type of agreement is typically required when there is not enough space on a property to accommodate the desired expansion. The agreement requires the property owner to compensate the neighbor or public entity for the right to build over their land.
Another common type of build over agreement is for underground excavations, such as constructing a basement or subterranean parking garage below the level of a neighboring property. This type of agreement is necessary to protect the stability of the neighboring property`s foundation and to ensure that any underground work does not cause damage to the neighbor`s property.
Build over agreements are generally required by local building codes and zoning laws. In many cases, the agreement must be approved by the local government or planning commission before construction can begin. These agreements can also include provisions for access to the neighboring property during construction, compensation for any damages that result from the construction, and requirements for insurance and liability coverage.
The frequency of build over agreements varies depending on the local regulations and the type of construction being proposed. In urban areas with limited space, build over agreements are much more common than in rural or suburban areas. They are also more common for commercial or industrial projects than for residential projects.
While build over agreements can add to the cost and complexity of construction projects, they are necessary to ensure that the rights of neighboring property owners and public entities are protected. Working with an experienced attorney or property consultant can help property owners navigate the legal requirements and ensure that all necessary agreements are in place before construction begins.
In summary, build over agreements are common legal documents that allow property owners to build on or over land that does not belong to them. They are necessary to protect the rights of neighboring property owners and public entities while allowing for necessary development. The frequency of build over agreements varies depending on the type of construction and local regulations, but they are required in most cases where construction encroaches on neighboring properties or public land.