An easement is a legal right that grants someone the ability to use another person’s property for a specific purpose. se. While the property owner still owns the land, they must allow the easement holder to use it as permitted by law or agreement. Easements can be temporary or permanent and may involve private individuals, businesses, or the public.
Types of Easements That Affect Property Owners
Some easements allow specific individuals or the public to access certain parts of private property, while others restrict what owners can do on their land. Here are several types of easements that commonly impact property owners:
- Express Easements – These easements give another person or entity the right to use a specific part of the property for a defined purpose. For example, a homeowner might grant a neighbor the right to use a driveway that crosses their land.
- Easements by Necessity – Courts establish easements by necessity when landlocked properties have no reasonable access to public roads. These easements allow owners of landlocked properties to cross other people’s land to reach their homes or businesses.
- Prescriptive Easements – A person gains a prescriptive easement by using another person’s land openly, continuously, and without permission for a certain period. Users can gain permanent rights to continue the use if landowners do not take action.
- Public Easements – Government entities create public easements to allow general public access to certain areas of private property. These easements often apply to sidewalks, beaches, or trails that the public has historically used.
- Utility Easements – Utility companies hold easements that let them install, repair, or maintain infrastructure like power, gas, or water lines on private properties. Property owners cannot build permanent structures in these areas but still own the land.
- Conservation Easements – Property owners voluntarily grant conservation easements to restrict development and preserve natural or historic areas. These agreements prevent buildings or alterations that could harm the land’s ecological or cultural value.
- Negative Easements – Negative easements prevent property owners from taking certain actions that could affect a neighbor’s property. For example, a negative easement might stop a landowner from building a structure that blocks a neighbor’s sunlight or view.
What Happens If an Easement Is Violated?
An easement violation can occur if a property owner or easement holder interferes with the terms of the easement. If the property owner blocks access or alters the land in a way that prevents legal use, the easement holder can take legal action. Likewise, if the easement holder exceeds the allowed use, the property owner can challenge it in court. Courts might order the responsible party to restore access, pay damages, or follow the original agreement.
How to Challenge or Remove an Easement
Property owners can challenge easements by proving that they were created improperly, are no longer necessary, or have been abandoned. If an easement is unclear, the owner may ask the courts to clarify its terms. In some cases, an easement can expire if its original purpose no longer applies. A property owner can also negotiate with the easement holder to remove it, often by offering compensation or agreeing to new terms. Legal action is sometimes necessary if the easement holder refuses to release their rights.
How Real Estate Lawyers Can Help Property Owners Dealing with Easements
Real estate lawyers help property owners understand their rights, negotiate easements, and resolve disputes. They can review property deeds and agreements to determine easement terms. Lawyers can also help owners remove unwanted easements by proving abandonment or negotiating releases. If conflicts arise, these attorneys can represent property owners in negotiations or court proceedings.
If you need to challenge an easement, negotiate terms, or take legal action, BoyesLegal, APC can provide the guidance you need. Contact us now for a free initial consultation to discuss your situation and learn more about how we can help you.