Its the one thing that most property owner share, and the thing that causes the most problems: easements? What are they? Basically, an easement is right someone holds to use your property. This right may be the right to bury and maintain utilities lines, the right to drive across your property, the right to mine resources under your property – it could be the right to do almost anything. And, obviously, the reason they cause so many problems is that it requires you to share your property with someone else. No ones likes to do that. Here are some tips to remember when dealing with easements:
1. An easement right is limited. It is defined by place, use, and (sometimes) time. Know what easements exist on your property and exactly what rights the easement holder possesses.
2. Unless specifically stated otherwise, an easement’s use must be reasonable. An easement’s use must be balanced against any conflicting uses of the property owner. If an easement on your property is causing you problems, perhaps it is time to evaluate the situation with an attorney and see what can be done.
3. There are many types of easements. The ways in which someone can obtain an easement over your property are too numerous to explain in this post. That makes easements tricky. You may not know if someone is legitimately making use of you property or not.
Before you do anything, research the situation and talk with an attorney, if necessary. The majority of my property practice deals with easements and easement disputes. Many of these situations could have been resolved is someone had taken the time to research the situation before taking action.
I handle easement creation, renegotiation and easement disputes on a regular basis. If you have questions or concerns about your property rights, please contact me.
*image located at http://www.massachusettslandusemonitor.com/easements/