Law firm for land lease agreements for renewable energy projects
A lease for a solar farm, a wind farm or a storage facility binds the parties for many years and has to survive construction, operation, financing and changes of ownership. Below we set out what such a matter requires of counsel and who leads this area at HWW.
What this matter requires of counsel
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Begins with the legal status of the property
The risks capable of stopping construction or operation come from title, encumbrances and access to the site. Property analysis belongs before the negotiations, not as an addition to a contract already signed.
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Thinks about the whole operating period, not the day of signature
A long lease needs rent indexation, easements for associated infrastructure, service access and restoration of the land to be settled. Leaving any one of them open tends to return years later as a dispute.
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Protects the lessee's position in connection with financing and changes of ownership
Lenders and future buyers read the lease as the foundation of the project. Provisions on assignment, continuity on a change of landowner and consents required for financing determine whether the project stays bankable.
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Handles a group of landowners as one structure
Larger farms sit on plots held by several owners with differing expectations. A consistent set of agreements and a single negotiating strategy reduce the risk that terms drift apart between plots.
What we have done in this area
HWW analysed the legal status of the land and negotiated the lease agreements for a wind farm consisting of a dozen wind turbines, conducting parallel negotiations with several owners: the agreements included clauses securing continuity of access to the land, rent valorization mechanisms and provisions covering changes in the ownership structure of the property. Each case has its own facts, so this outcome does not predetermine another.
Further described matters are listed under our track record.
What we have written on this topic
We confirm the scope and the fee before starting work. A paid consultation is not required.