Relief is a legal term used in real estate law and that describes an agreement that the current owner of a property has with another party to use the property. We offer a simple way to establish a comprehensive facilitation agreement, which covers all relevant parties that require any relief. 1. Facilities for car parks, access, interventions and services. The REA should grant both parties the most fundamental rights for the harmonious operation of their respective properties. Each party should have the right to access the other party`s land for vehicle parking and vehicle access and pedestrian access. For example, customers and employees of a large retail business must park anywhere in the mall (subject to agreement from the parties to provide special spaces for staff parking) and go anywhere inside the mall. For customers of mall residents, the property appears to be party property and will be operated as a fully integrated shopping mall. Each party must also « attach » to the procurement systems of the other parties, which is most common when the large retailer « attaches » to the developer`s supply systems for the mall. In addition, parties may need certain intervention rights if their awnings or foundations encroach only minimally on the property of the other party. All of the above rights would take the form of « facilitations » and should be explained in detail in the REA.
These « facilitations » would effectively allow one party not to use exclusively the other party`s assets. 2. Construction and architecture compatibility. The REA generally provides that the developer will provide for all on-site and off-site improvements, which include the shopping centre, as well as improvements relevant to buildings located on the developer`s property. The major retailer will be responsible for the construction of the retail building. As a general rule, the REA requires each party to verify and approve each party`s work plans and specifications, creating architectural compatibility for all construction work in the mall. In addition, the REA generally provides that each party develops its improvements according to an approved construction schedule for both parties. The REA, or a separate development agreement, will require the major retailer to reimburse the developer a reasonable portion of the costs incurred by the developer to build the upgrades to the mall on and off site. Under the definition of facilitation, there is also a type of easing that still needs to be discussed: prescriptive relief.
Prescriptive relief is granted when a property has been used freely and without competition for a certain period of time in accordance with the laws of the state concerned. 3. exploitation of common areas. The REA should operate, insure and maintain the common areas of the shopping centre for a portion of the shopping centre. The party with this responsibility would usually be the developer or third party manager appointed by the developer. The manager would maintain the common areas in a correct, clean and attractive state and would charge the REA parties their proportionate shares of the costs of public space, plus a competitive administration fee. As a general rule, when the developer does a bad job and maintains the common domain, the large retailer has the right to « take over » the operation and maintenance of public spaces on his land, and sometimes this right of acquisition can be extended to the entire common area of the mall.