An easement is an agreement that gives another person the right to cross into another’s land for a purpose. Easements may start off as verbal agreements between two property owners, but should be enforced through an official legal document. Potential home buyers who are unsure whether to finalize their offer on a property because of an easement, can meet with a legal professional for more information and advice. Homeowners who are in need of help taking steps to remove an easement or limit how an easement holder utilizes their land, may want to speak with a real estate lawyer.
Easement Disputes and Remedies
Easement disputes may come about for many reasons. A real estate lawyer can help resolve conflicts of this nature between two parties. If the matter is not fixed, then it may have to be dealt with in court. In most situations, it is beneficial to avoid court as it comes along with fees and an uncertainty of the verdict. Either way, a real estate lawyer can assist with attempts at an easement resolution, or offer representation to an individual in court. Common reasons why an easement issue may arise include:
- The owners of a property deny the easement existence, and have made attempts to prevent the other party from using a section of the land.
- The person who was approved for use of a land under an easement has violated the respective boundaries.
- Two owners of a property cannot come to an agreement about the rules when creating an official easement.
- Two owners of a property have a verbal arrangement about access to their land, and one wants to establish an official written agreement but the other does not.
Insisting On How a Property is Utilized
If you are a homeowner that is subject to an easement and are experiencing problems with how that section of the property is used by an easement holder, then you can take steps to remove the easement or limit how the holder uses the land. It can be difficult and frustrating to deal with this type of matter on your own, particuarly if the other individual is being hostile or inflexible. Some solutions that are available to those who own property with an easement include:
- Removing the easement completely in its entirety.
- Issuing a court order that restricts how the other party uses the land.
- Providing monetary damages to the property owner for losses accrued because of an easement or violation of an easement.
As a property owner who wants to enjoy their own land, it can become disappointing to see the other party abusing their right of use to a section of your land because of an easement. If you are struggling to work with your neighbor or other party due to an easement, speaking with a real estate lawyer near you may be in your best interest.