The wind turbines planned and erected by Energiequelle are owned by individual operating companies. The ownership structure of these companies can vary. Energiequelle is generally at least one of the owners, sometimes even the only one. It is possible for other owners to join by founding energy companies and their participation in an operating company. Individual citizens and municipalities can also participate in an energy cooperative or an operating company. The ownership structure of the operating companies may change as the project progresses.

Wind energy projects are usually financed via bank loans. As with a private loan, the financing banks have various requirements in terms of security. For example, the bank's security interest, the transferability of the contract and the required land register entries for easements on the land are regulated directly in the lease agreement. As the lessor's security interests often correspond to the security interests of the financing banks, the comprehensive provisions of the lease agreement ultimately also benefit you as the lessor

In principle, nothing will change for you as the lessor. In the event of insolvency of the operating company as lessee under the lease agreement, the payment of your lease will be secured and continued by the financing bank in particular. Apart from this, all lessors have a special right of cancellation if the lessee operating company is more than two months in arrears with the lease payments.

The development of wind turbine technologies can progress within a year. If a turbine type is specified at the beginning of the wind farm planning process, the lease agreement would have to be amended and re-signed with each new generation of turbines that comes onto the market. As the lessor, you would be forced to repeatedly sign supplementary agreements to your existing lease. To save you this, the lease agreements do not yet specify the final type of wind turbine so that you can use the best available technology to achieve an optimal yield at the start of construction

The amount of the lease is based on the level of remuneration for the renewable electricity fed into the grid. The remuneration is determined by the Renewable Energy Sources Act (EEG) through participation in the EEG tendering process. The amount of remuneration under the EEG is only determined shortly before the wind turbine is built, as it is only possible to participate in the EEG tender once the BImSch licence has been obtained.

The financing bank always requires realisable securities for the loans granted. These include, in particular, the wind turbines and all accessories. The bank requires ownership of these objects to be transferred to it in order to be able to ensure repayment of the loan amount. The law provides for a comparable security interest in favour of the lessors. This consists of a right of lien of the lessors to the objects brought onto the properties. There is a risk of a collision between these two security interests. However, in order for the financing bank to be willing to grant the necessary loans, the lessors must waive their liens.
 

The lessors' need for security is taken into account as follows: If the lease payments are not made for more than two months, the lessors are entitled to special rights of termination of the lease. Should the lessors make use of this, the termination will regularly influence the repayment of the loan to the financing bank. For this reason, the financing bank itself will usually enter into the lease agreement on the side of the leasing operating company, or at least name a third party that will continue to operate the wind turbines while continuing to pay the agreed lease. This ensures that you, as the lessor, receive the lease agreed with you in any case.

In our specific case, the limited personal easement means that the leasing operating company is authorised to use the property in question within the specified framework. This right arises from the agreement between you as the lessor and the leasing operating company, as well as from the entry in the land registry. In this context, the rights of use granted under the limited personal easement are limited exclusively to those that the leasing operating company absolutely needs for the construction, operation and maintenance of the wind turbines. Any rights of use that go beyond these rights remain with the lessors, i.e. with you. Ideally, the land registry entry should be made before construction work begins, with the costs of the entry being covered by the leasing operating company.

The wind turbine on your property is covered by a business liability insurance policy. The sum insured is determined according to the possible risk and covers both personal injury and property damage. Should you, as the lessor, or a third party suffer damage as a result of the operation of the wind turbine, it is ensured that this damage is compensated by the insurance company. The settlement of the claim is handled directly between you, the third party and the respective insurance company.