Talk im Turm: Tenant Easements – Securing a Location in the Triangle of Tenant, Landlord, and Bank

Conference

Tenant Easements – Securing a Location in the Triangle of Tenant, Landlord, and Bank

July 8, 2026

date:

July 8, 2026

The tenant insists on securing their location through a right in rem. The financing bank does not want to jeopardize its mortgage. The landlord needs to work with both. How can this conflict of interests be resolved?

The next session of our German “Talk im Turm” series focuses on the topic of Tenant Easements.

A tenant easement is the method of choice for securing the location of commercial tenants in Germany. As a limited personal easement, it protects the right of use beyond a lease agreement, which under German law is purely contractual. However, structuring a tenant easement is complex: ranking, maximum compensation amounts, and enforcement scenarios hold significant potential for conflict.

We will discuss the key structural issues surrounding this perennial topic from the perspective of all parties involved:

Who takes priority? – The ranking between tenant easements and mortgages.
What remains? – The maximum amount under § 882 of the German Civil Code (BGB) and its implications in an enforcement scenario.
What do banks require? – The current position paper of the German Association of Mortgage Banks (vdp) on tenant easements (November 2025) and the practical requirements of German mortgage banks.

This event is intended for anyone who deals with tenant easements and real estate financings: real estate investors, fund and asset managers, and financing banks.

Speakers