With all the condominium and construction developments going on in the Greater Toronto Area, neighbouring property owners are often approached by the developer who wants to enter into a tieback and crane swing agreement with them. These types of agreements give permission to the developer to drill under a neighbouring property in order to install tiebacks or shotcrete nail anchors into a neighbouring property. This benefits the developer because they can construct the foundation of their development cheaper and faster this way. Further, the developer may ask for permission to operate a crane swing above the neighbouring properties. However, developers do not have a right to do this unless the neighbouring property owner gives them permission. Remember, you own the soil and bedrock under your property, and also the air rights above your property.
Neighbouring property owners should not simply grant permission to the developer without getting something in return. Depending on the circumstances, the neighbouring property owner should be financially compensated in exchange for granting the developer these rights. The neighbouring property owner should also have other protections in place in order to minimize the risk that their property may be damaged in the process. These types of agreements can be long and very detailed.
Crangle has represented neighbouring property owners in negotiations with developers to ensure that they are properly financially compensated and protected if they choose to enter into one of these types of agreements.
For a free consultation, contact Crangle. To avoid upfront legal fees, Crangle may consider providing legal services on a contingency basis, so if he cannot negotiate a better deal with the developer, you do not pay.