Common Neighbor Easement Problems

Easements typically arise because neighboring property owners find them convenient or necessary. An easement usually “runs with the property,” meaning it remains in effect even after the property changes hands. Property sales often lead to easement disputes.

Typically, easements provide one neighbor access to another neighbor’s land through one neighbor’s property as they pass through the neighbor’s property.

In some cases, easements must include all the essential information about their purpose, scope, and terms. When neighbors have differing views about the easement. They often argue whether one party is overusing it, exceeding its scope, and who handles maintaining and repairing it. Let’s learn about the Common Neighbor Easement Problems.

How Does a Neighbor Easement Affect You and Your Property?

The type of easement on your land, its duration, and whether it prohibits you from using the land in the manner you desire will determine whether that easement affects you. Buying a house means you might end up with an easement you don’t want, so it’s important to know about property easements.

Different Types of Easements

In general, easements fall into three categories recognized by different states. In particular, the following easements are recognized by some states:

Different Types of Easements.

Easement by Prescription

Prescriptive easements arise through adverse possession. This means no longer being the property’s original owner, but someone else acquires ownership or uses rights to it.

An individual can establish a prescriptive easement without the owner’s permission. An easement that prescribes how you use another’s property may apply to you;

Easement by Necessity

An easement of this type is usually created by the law rather than by specific promises or agreements between neighbors. The law implies the easement’s existence so that justice may prevail.

For example, a parcel of land that is landlocked can be considered an easement by necessity since access is only possible by crossing another land parcel. Consequently, the law creates an easement by necessity to provide access to the landlocked owner’s property through the other landowner’s property; and

Negative Easement

Negative easements are generally regarded as restrictive covenants. Because they create an obligation, liability, or restriction on the property owner to use their property a certain way.

For instance, if new condos are under construction, and the residents of existing condos do not want their ocean views obstructed by the new tower, they can determine a negative easement.

Potential solutions to neighbor easement disputes

1. Check your easement for answers; the language may contain the answer.
2. Try to resolve the situation civilly with your neighbor. And you can come to an agreeable agreement for all parties involved.
3. Your attorney’s letter may help bridge the gap and help a resolution if a civil discussion fails to resolve.
4. A court proceeding may be necessary to protect your rights. If you have exhausted, all other options and the law is on your side.

Bottom Line.

Real estate easements are quite common, as seen in this example. Landowners are entitled to use their property as they see fit, including granting other parties the right to do so. When it comes to finding an easement on your property. However, it can be challenging and interfere with your property’s use.

It is best to consult with a qualified and knowledgeable property lawyer in your area. If you have any concerns about the easement on your property or if you are negotiating one.