CC&Rs and Easements in  Commercial Real Estate

Drafting and Amending CC&Rs for Commercial Real Estate

Every well-run project begins with sound documentation. We prepare CC&Rs that define use restrictions, signage rights, maintenance obligations, and architectural controls for properties of all sizes.

When sites evolve or undergo redevelopment, our attorneys draft amendments that reflect new site plans, tenants, and operational realities. By updating CC&Rs before conflicts arise, we help clients avoid disputes between owners, tenants, and lenders. This is preserving both property value and financing flexibility.

Negotiating Reciprocal Easement Agreements (REAs)

Shared access, parking, and utility rights are the lifeblood of many California developments. We draft and negotiate REAs that balance flexibility with protection, ensuring each parcel functions as intended within the larger project.

Our attorneys also address lender and title concerns early, making REAs assignable, enforceable, and compliant with financing requirements. This proactive approach helps clients maintain financing eligibility while keeping projects fully functional across multiple ownership structures.

Resolving Disputes Over CC&Rs and Easements

Even the best-drafted agreements can give rise to disputes especially when projects change hands or expand. Our attorneys interpret, enforce, and, when necessary, amend recorded CC&Rs and easements to resolve conflicts efficiently.

We handle disagreements involving parking allocations, signage limitations, and competing use rights, often before they escalate to formal litigation. By drafting precise language and anticipating potential friction points, we help clients minimize risk and maintain operational stability across their portfolios.

Institutional Standards in Recorded Real Estate Documents

Institutional investors and national tenants demand documents they can trust. We deliver CC&Rs and REAs that meet those expectations of clear, comprehensive, and fully compliant with lender standards.

Our work ensures properties remain financeable, leasable, and marketable in California’s competitive real estate environment. Whether representing REITs, regional developers, or private owners, we produce documentation that reflects the same rigor expected in institutional transactions.

Experience You Can Trust

The Process of Drafting CC&Rs and Easement Agreements

Each project begins with a thorough review of the parcels, uses, and access rights that must be coordinated across the development. Our attorneys then draft CC&Rs and REAs that reflect those needs and record them with the county to ensure enforceability under California law.

When properties evolve, whether through redevelopment, re-tenanting, or expansion, we prepare amendments that preserve project functionality while accommodating new goals. The result is a set of documents that support both legal compliance and long-term operational success.

Legal expertise in California CC&Rs and easements

Our attorneys are highly experienced in preparing and revising recorded documents that impact title, financing, and leasing. We understand the California Civil Code and the case law governing easements, as well as the practical requirements of lenders and title companies.

Whether drafting new CC&Rs for a ground-up development or interpreting decades-old restrictions on a redevelopment site, we deliver pragmatic solutions that work as well in practice as they do in theory.

Guiding owners and developers through the process

We assist clients through every stage: from initial negotiation to final recording. Our attorneys coordinate with adjacent owners, municipalities, surveyors, and title officers to ensure easements are accurately described and properly recorded.

We also anticipate lender requirements, incorporating provisions for cure rights, non-disturbance, and assignment to protect both ownership and financing interests. By managing these details from the outset, we keep transactions efficient and enforceable.

How CC&R and easement counsel works in practice

For developers, we create recorded documents that preserve flexibility for future leasing, financing, and site changes. For property owners, we negotiate amendments that accommodate new uses without disrupting existing rights.

Our process includes:

• Drafting new CC&Rs and REAs – defining use restrictions, access rights, and shared obligations.
• Amending existing documents – updating legacy CC&Rs to align with modern project goals.
• Resolving easement disputes – addressing conflicts over access, parking, and signage before they impact operations.
• Title and lender coordination – ensuring documents are properly recorded, enforceable, and financeable.

Because we serve as both commercial real estate counsel and property management advisors, we understand how these recorded documents affect day-to-day operations as well as long-term asset value. Our approach ensures projects remain compliant, functional, and positioned for growth.

Serving clients across Southern California

From our office in Costa Mesa, Buckner, Robinson & Mirkovich represents developers, investors, and property owners across Orange County, Los Angeles, and throughout California. Our attorneys combine transactional experience with practical insight, helping clients structure, amend, and enforce CC&Rs and easements that stand the test of time.

Common Questions