An easement is a common mechanism where one person is granted the right to use another person’s land for a particular purpose. Some common easements are driveway easements, ingress and egress easements, utility easements, sewer easements, and right-of-way easements. If you grant another party an easement to use a portion of your property, you will likely be compensated, and such easement may convey to subsequent owners. Some easements are permanent, and some are temporary. A temporary easement may be problematic if the property is not returned in the same condition as when the easement was granted. Therefore, it is critical to fully understand the easement terms and restrictions and how the easement will affect the ownership of the property.
Easement disputes arise when a property owner makes improvements, such as a fence or a driveway, which encroaches on an adjacent property or when a person uses the adjoining property without the owner’s permission. Such disputes are avoidable. However, if you are a party to an easement dispute or suspect that another party is using or encroaching on your property illegally, we will work with you to amicably resolve the matter. We will review the pertinent documents, gather facts, determine the applicable law and provide the best course of action. We will negotiate with the goal of resolving the dispute without costly and time-consuming litigation. However, if litigation is the only recourse, we will utilize our trial expertise to obtain the best possible result.