There are several ways for people to gain legal access to real property. The simplest is by purchasing the property. Other times, they may negotiate a rental arrangement with the current owner. It is also possible for those who need to use a property for limited purposes to secure an easement.
An easement provides one party with a legal right to access another’s property. Easements usually appear on official title records at the county recorder’s office, and buyers typically learn about them before acquiring a particular piece of real estate. Parties that may obtain easements include homeowners associations, utility companies and neighbors.
Easements can allow a business to access the property to maintain infrastructure or give neighbors the right to cross the property to enter a parcel with no road access. Easements can affect the quiet enjoyment of a property and also its overall value. Sometimes, disputes arise related to easements that may require negotiation or even litigation.
What easement disputes are common?
Most easement disputes fall into one of two categories. The owner of the property may assert that the easement is no longer valid due to changes in circumstances, the inclusion of an expiration date in the initial easement or a transfer of ownership.
Other times, easement issues have to do with violations of the terms of the easement. One neighbor might engage in behavior that does not fall explicitly under the protection of the easement and has a negative impact on the property owner. Other times, the owner may deny the party with the easement the access and rights the easement provides. In such circumstances, litigation may be necessary to resolve the disagreement.
How the courts can help
During an easement dispute, a judge looks at the title records for the property and the allegations made by both interested parties. Depending on the circumstances, the judge may rule that the easement is valid or has expired. They may also determine that one party has overstepped their rights based on the language included in the easement or that the other party has misinterpreted the easement and prohibited permissible behavior.
Frequently, those embroiled in disputes related to an easement need the support of a legal professional. They may need assistance reviewing title records, communicating with the other party and preparing for litigation. Properly handling land use disputes and conflicts related to easements can help people preserve their property value and help businesses operate effectively.