RENEWABLE ENERGY SOLICITOR CORK AND DUBLIN
Over the past decade, many farmers and landowners in Ireland have found that they have been actively sought out by renewable energy developers to secure land for wind farms and other renewable energy developments. If you have been approached by a renewable energy developer or one of their agents, we highly recommend that you get in touch with our team to discuss your options. Never sign anything without first employing the services of a legal expert who has experience in this area.
Renewable Energy Solicitors Cork and Dublin
- It is vitally important that you do some intensive research. An option agreement may sound like a pretty harmless document to sign, but it can have long-lasting (up to 35 years) negative consequences for your land and future.
- Always consider the practicalities of the deal. There may be some very real implications for the running of your farm once you have put pen to paper. It is important to address access roads, construction, proximity to family home, layout of your farming land, boundaries and future plans for your land.
- Payment clauses should be examined in detail by a qualified renewable energy solicitor. Lease and option agreements are in most cases complex so need to be given the attention they deserve by those in the know. Calculation of any payments is often weighed down by the small print and can be difficult to understand.
- Negotiations should be at the heart of any healthy business relationship so only settle for terms that suit you and your family. You need to be compensated fairly for the risk you are taking and the onerous terms set out. A developer will always come to you with a standard lease or option agreement, but there is no reason why these terms can not be renegotiated. Think of this as a starting point from which you can stand to benefit in the long term. Do not sign any documentation until you have taken legal advice and assistance.
- Do some research about the company. It is important to know who you are dealing with and to gain an understanding of their reputation as a developer before signing anything. How many years renewable energy experience do they have? Can they demonstrate successful projects elsewhere in Europe? How do they access funding? All of this information will be vital in reaching an informed decision.
Renewable Energy Lawyer Cork
- Get in touch with your Teagasc advisor. They will be able to advise you on your entitlements and whether you stand to lose them if turbines or solar panels are constructed on your land. Always seek the guidance of a professional.
- Think long-term: It is as important to address the end of the lease as the beginning. How will the equipment be removed from your land at the end of the lease? Will you be liable for these costs or will they be covered by the developer? A bond should be put in place as coverage should the developer fail in their pre-agreed obligations to return the site to its natural state.
- It is important to make sure that the developer does not have the legal right to renew your lease automatically when the term ends. We have seen that many option agreements contain this clause and will always seek to have it removed.
- Get in touch with Walsh and Partners Solicitors through either our Cork or Dublin offices. We are experienced in this niche area of renewable energy agreements and can offer expert advice across all areas of negotiations. We can also negotiate on your behalf. Our expertise are in both agricultural and renewable energy law, so you can be assured that you will be well represented across all aspects of your land.
- Do not rush into anything. Here at Walsh and Partners, we are passionate about agriculture and renewable energy and we work hard to ensure they work in tandem. The small print in these agreements can be grossly unfair on the land owner and we want you to be aware of any pitfalls long before you commit to signing any documentation. These agreements can be negotiated to be mutually beneficial and that’s where we step in.