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Permalink Reply by Jim Litwinowicz on March 10, 2014 at 1:37pm

Your decision needs to be about much more than what it is worth. First you need to be indemnified for any and all damages that arise from their activities. You also need to negotiate an easement in writing saying that they need to repair any and all damages relating to their activities, such as reseeding grass or replacing trees. and warrant any repairs for at least one year. They must clean up any and all spills and contaminants.  Limit the time period they are allowed to work, any extensions must be re-negotiated. If this is close to your home or a neighbors, negotiate limited hrs of the day they can work. No storage of materials and nothing can be left behind past a date certain. If they do leave anything behind, it becomes your possession.

Only after negotiating all this can you then determine a value for them using your land for any time period. Do you have other plans such as building or selling property? Will this activity impair those activities?

I am not an attorney but you need to get one to help you. I am sure there are other considerations.

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Permalink Reply by Kathi Albertson on March 10, 2014 at 2:45pm

Sarah,

We are currently dealing with a temporary work space issue as well. In addition to the items tha Jim mentioned, there is the issue of the condition of your soil if you are going to grow anything on it in the future. Are they just going to drive over your land or are they going to protect it in some way. On our land they are going to remove the top soil in their temp work yard. When they are done, they must rip the sub soil in two directions to decompact it before replacing the top soil. They must then rip again. They must then reseed with whatever we require. It is all a head ache but I hope it is worth the effort we are putting into it.

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