This comment came in to my posting of the British Petroleum lease holder list
August 17, 2012 2:50 AM
Anonymous said...
What is the difference between a lease agreement, a memorandum of agreement, an easement, consent, an assignment of agreement and an agreement in mortgages?
Why do some agreements have an amount, usually $5,000, listed while other agreements have no dollar amount noted?
Why was the New York State Commissioner of Agriculture & Markets listed as completing a 'Consent' in June 2012 during a time when there was a moratorium on wind development in the Town of Cape Vincent?
Why were there nine other agreements negotiated by BP with Cape Vincent landowners during the town's wind moratorium?
Are all of these agreements described in this posting recorded with the Jefferson County Clerk's office?
I have a few answers to Anon's questions
Lease agreement
In real property law, a contract by which the owner of real property(the landlord, or lessor) grants to a person(lessee) and exclusive right to use and possess a property, usually for a specified period of time, in return for rent or some other form of payment.
In all states a court may void an unconscionable lease. A lease is unconscionable if it unduly favors one party over the other.
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Memorandum of Agreement
A Memorandum of Agreement (MOA) is a document outlining the cooperative terms of two entities to work in partnership on certain listed projects, or as a general partnership. The agreed responsibilities of the partners are listed and the benefits to each party are listed. As a part of the agreement there is usually a list of binding terms that makes the partnership a cohesive unit and often there is an obligation of funds attached to certain terms in the agreement.
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Easement
An easement is a non- ownership interest in another's land that entitles the holder only to the right to use such land in the specified manner. Easements can be affirmative or negative. An affirmative easement entitles the holder to do something on another individual's land, whereas a negative easement divests an owner of the right to do something on the property e.g., the land owner might enter into an agreement with the developer not to build a high structure that would obstruct the wind that flows across their land This easement of light and air deprives the property owner who gives it up from enjoying ownership rights in the land to the fullest possible extent and is known as a negative easement.
Dollar amounts
Why do some agreements have an amount, usually $5,000, listed while other agreements have no dollar amount noted?
I do not know why there are dollar amounts listed for some recorded transactions and others have none.
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Consent
The deed of consent listed in the recorded deeds concerns a parcel of land owned by Darrel Aubertine. The consent recognizes that a particular parcel of land owned by Aubertine is subject to a wind energy lease with St. Lawrence and a portion of the same parcel is also part of a proposed conservation easement under the USDA wetlands reserve program.
In this particular case the leaseholder agrees that no wind power facilities or transmission facilities (both as defined in the lease) will be located in the WRP easement area etc...
Moratorium
None of these Lease agreements/ transactions etc. is in violation of the Cape Vincent wind energy moratorium.
Document Recording
Yes, all of these documents are recorded with the Jefferson County Clerk's office.
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Sources:
West’s Business Law Ninth Edition_ Text and cases
Clarkson, Miller, Jentz, Cross
Text and cases
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Jefferson County NY records
US Fish and Wildlife Service
Wetland Easement Program
http://www.fws.gov/mountain-prairie/realty/Wetesmt.htm
Business dictionary .com
http://www.businessdictionary.com/definition/memorandum-of-agreement.html
2 comments:
K, thank you for the information. You are far more helpful, educational and open than BP. Everything they seem to do is quiet and less than open.
Can we assume the easements are all good neighbor agreements?
Some of the easements are for power lines and access roads etc., and some waive a land owner’s rights e.g. Setbacks & noise additionally, they restrict the landowners use of their property and prohibit the land owner from complaining . The stipulations in the easements do fit into the definition of a Good neighbor agreement.
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