Adjacent premises: Overview, definition, and example
What are adjacent premises?
Adjacent premises refer to properties or spaces that are located next to or in close proximity to a given property, typically sharing a boundary or being near one another. These premises are often related in some way, such as part of the same building complex, part of a larger property development, or properties that are next door to each other. In legal or contractual contexts, the term "adjacent premises" can be used to describe properties that are relevant to the use, lease, or maintenance of a property, particularly in matters related to property rights, access, or shared resources.
For example, in a commercial lease agreement, "adjacent premises" may refer to neighboring retail spaces that share common access routes, utilities, or parking areas. In real estate or property law, adjacent premises may also refer to properties that are subject to easement agreements, shared maintenance responsibilities, or rights of way.
Why are adjacent premises important?
Adjacent premises are important in legal and real estate contexts because they can have a direct impact on the use, value, and rights associated with a property. Issues such as access, easements, maintenance obligations, noise, or the risk of contamination can arise from neighboring properties. Understanding the nature and boundaries of adjacent premises is critical when entering into leases, property purchases, or agreements that involve shared spaces or joint responsibilities.
For property owners or tenants, the condition of adjacent premises can influence the enjoyment and utility of their own property. For example, a commercial tenant might be concerned about the use of neighboring retail spaces or the condition of shared access roads or parking areas.
Understanding adjacent premises through an example
Imagine a shopping mall with multiple stores. Store A has a lease agreement that grants it the use of a certain area within the mall. The lease also specifies that Store A has rights to the common areas, such as hallways and bathrooms, which are considered part of the adjacent premises. These areas are used by customers and staff of all stores, so any maintenance, repair, or construction work on the adjacent premises (such as the hallways or common areas) could affect Store A’s operations.
In another example, a residential property owner might have a home adjacent to a vacant lot. If the lot is being developed, the homeowner may be concerned about construction noise or changes to the property that could affect their enjoyment of their own home. Similarly, a business may be leasing a space in an office building where adjacent premises include shared stairwells, elevators, and parking lots.
An example of an adjacent premises clause
Here’s how an adjacent premises clause might appear in a lease agreement:
“The Tenant shall have access to and use of the adjacent premises, including shared parking spaces and common areas, as outlined in this Lease Agreement. The Landlord shall be responsible for maintaining the adjacent premises, and any construction, repairs, or alterations to the adjacent premises must be communicated to the Tenant in advance.”
Conclusion
Adjacent premises refer to neighboring properties or spaces that are close to or share a boundary with a given property. In legal, real estate, or lease agreements, the term is important for determining rights, responsibilities, and conditions that may affect the use or enjoyment of a property. Understanding the relationship between adjacent premises helps clarify issues related to access, shared resources, and potential risks, ensuring that all parties are aware of their rights and obligations concerning neighboring properties.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.