Disputes over property use can erupt into an all-out war of words when one side or the other feels they are completely in the right. Easement laws exist to help settle situations in a fair and equitable way. Easement lawyers can tell you where your standing is legally on the use of or allowing use of your land for any purpose.
- Why is the easement being used? Access to other parcels of land or roadways is sometimes gained by crossing over a portion of another parcel. Using the easement of another property is legal in some cases, but requires express or written consent at times. Utility companies often use property easements to access power lines and other structures. You should take time to find out about easement access before purchasing a property.
- Who has the right to use easement? Public utilities have the right to use easements on properties for the routine maintenance and repairs of existing structures. Any property that is landlocked and cannot be accessed in any other way can use your easement. It also depends on how long the easement has been used and whether the landowner is aware.
- Can you dispute easement use? You can dispute the use of your property in some situations. If you can prove that someone can access their land another way, it can be legally disputed. If you have been unaware of your property being used and it has been under five years, it can often be disputed.
- Should easement use agreements be put in writing? Private property use disputes rarely flare up if agreements are made in writing. You can go with an expressed agreement that is verbal only, but it might become a property if one or the other party sells the land. Always attempt to reach civil, reasonable, written agreements.
- Will I have to allow the use of my property? You will have to allow the use of your property easements in cases of roadways, utilities or a neighboring landowner that has no other reasonable access. You do have a right to expect that your land not be abused and torn up in the process. Fair and reasonable access is the goal.
- How to dispute use of your land. Any disputes with the use of your easement will have to be handled through a dispute resolution process or in the county courts. The laws can vary slightly from one area to another, but the basics are usually universal. If you feel your property is being used unfairly, you have a right to bring legal action against a company or individual.
- Hire expert easement lawyers. You should begin consulting experienced easement lawyers if you feel there is a problem or will be a problem with the use of your land, or the ability to use the land to access your property. Get the legal advice you need to build a strong case in your favor.
Disputes about the use of private land can become ugly when the laws are not clearly understood by one or both sides. Expert easement lawyers are available to help give you the information you need to make the best decisions.
Note: this post contains contributed content.