Landowners in New York State are being presented increasingly with solar and wind lease agreements offering long-term income opportunities. The selling points discussed are rent amounts, acreage leased and duration of the lease; letters of intent may even be provided, covering only these items. What isn’t as clear is that the lease itself generally contains provisions that can affect a landowner’s broader property rights significantly.

One commonly overlooked issue involves access rights and easements on property that are not included in the “leased acreage.” In New York, renewable energy leases frequently grant developers rights not only over the leased parcel, but also over other property owned by the same landowner. These provisions may allow access across adjacent or nearby parcels for roads, transmission lines, utilities, drainage and construction or maintenance activities—even when those parcels are not directly part of the project.

These easements are often drafted broadly and may be perpetual, exclusive or assignable to lenders and future project owners. In New York, they are typically recorded in county land records and can run with the land, restricting future use, development, financing or sale of the affected property and potentially reducing its marketability.

Because access and easement language is often embedded within lengthy, technical lease documents, landowners may not fully appreciate its scope until construction begins or a title search later reveals recorded encumbrances on adjacent land…and by then it's too late.

For these reasons, it is critical for New York landowners to have an experienced attorney review any proposed solar or wind lease before signing. Legal review can identify overbroad provisions and help negotiate reasonable limits on the location, scope and duration of access rights, thereby protecting long-term property interests while allowing renewable energy projects to move forward.