What is the going rate for crane swinging and underpinning easements?

 Lori Culbert Vancouver Sun

It was about 6:30 p.m. on Tuesday when the fire started east of Dunbar Street, a blaze so intense that it quickly spread to nine other homes and blew embers and pieces of debris several blocks away.

(Tenant) Thuo rents the house with eight other people originally from Kenya. Everyone was yelling each other’s names, frantically making sure they all escaped.  

There is this to help the tenants, and the owner of the building:

Crane swing & underpinning easements

https://stirlingllp.com/crane-swing-underpinning-easements/

https://stirlingllp.com/home/

As the densification of Metro Vancouver increases, more and more commercial and residential real property owners are receiving requests to grant crane swing and underpinning easements over their property in favour of a neighbouring property.

These agreements are requests to: (1) swing a construction crane boom through the air space above your property while the neighbouring property is developed; and (2) to install shoring works (such as steel tie rods) below any structure on your property to provide ground stability while the property being developed is excavated. The underpinning works are intended to prevent your lands from caving into the excavated property. Most often, the underpinning works will be left in place in the ground below the structure on your property after the development is completed.

Below are a few things to consider when you are approached for a crane swing and underpinning agreement over your property.

1. Compensation.

The first question we are usually asked is, “What is the going rate for a crane swing and underpinning easement?”. When it comes to matters of money, 98% of us seem to belong to the creed of greed.

7. Termination Rights.

The form of crane swing and underpinning easement a developer prepares typically does not have any termination rights. We recommend that the easement have termination rights in the event the developer breaches the easement and fails to correct the breach within a certain reasonable period of time. For example, if the developer damages your building during the course of its activities and takes no steps to repair the damage, you should be able to terminate the easement and refuse to allow the developer to make any further use of the easement rights until the damage to your property is corrected.

 10.

One of our starting positions will be that the neighbour or developer pays all of your legal and other consulting costs to review and finalize the agreement, so there should be no costs or financial risks to you whether or not an agreement is reached.

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And the tenants recourse now?