When you own property, you have certain rights, but those rights are not always absolute. One common example of this is an easement. An easement is a legal right to use someone else’s property for a specific purpose.
For example, you may have an easement that allows you to access your property by driving across your neighbor’s land.
Easements are important because they can provide access to your property or they can restrict what you can do with your property. However, disputes over easements can be challenging to resolve, especially if the parties involved do not understand their rights and obligations.
In this guide, we will provide you with information on how to handle a property easement dispute from the perspective of a real estate lawyer. We will go over different types of property easements, common causes of easement disputes, and various methods for resolving these disputes.
Understanding Property Easements
A property easement is a legal right to use someone else’s property for a specific purpose. The property owner who grants the easement, known as the servient estate, allows the person benefiting from the easement, known as the dominant estate, to use a portion of their property for a specific purpose.
Types of Property Easements
There are several types of property easements, including:
Easements Appurtenant: An easement appurtenant is an easement that benefits one property and burdens another. This type of easement runs with the land, meaning it stays with the property even if the ownership changes.
Easements in Gross: An easement in gross is an easement that benefits a specific person or entity rather than a specific property. For instance, a utility company may have an easement in gross to access your property to maintain power lines.
Prescriptive Easements: A prescriptive easement is an easement that arises when someone has used another person’s property for a specific purpose for a certain period of time without permission. The use must be open, notorious, continuous, and adverse to the property owner’s rights.
Common Reasons for Property Easements
Easements can be granted for various reasons, including:
Access: Easements may provide a right of way to access a property that is landlocked, meaning there is no direct access to a public road.
Utilities: Easements may allow utility companies to access the property to install or maintain power lines, gas lines, or water lines.
Drainage: Easements may allow water to flow across the property for drainage purposes.
Recreational Use: Easements may allow for recreational use of a property, such as hiking or fishing.
Now that we’ve covered the different types and purposes of property easements, let’s take a look at how to handle an easement dispute.
Causes of Property Easement Disputes
Easement disputes can arise for various reasons. Some of the most common causes of property easement disputes include:
Misunderstanding the Easement
Easements can be complex legal documents, and misunderstandings can arise as to what the easement allows or restricts. This can lead to disputes over the extent of the easement and how it can be used.
Changes to the Property
Changes to the property can affect the use of an easement. For example, if the servient estate owner erects a fence that blocks the easement, the dominant estate owner may claim that the easement has been violated.
Violation of the Easement
If the servient estate owner misuses the property in a way that breaches the easement, then it is possible for the dominant owner to take legal action.
For instance, if an easement only permits pedestrian access and vehicles are being used on it instead, then this is grounds for remediation from their counterpart.
The wronged party may be eligible to receive compensation or even request enforcement of provisions previously agreed upon.
Failure to Maintain the Easement
If the servient estate owner fails to maintain the property as required by the easement, the dominant estate owner may claim that the easement has been violated.
A good example of this is if the easement requires the servient estate owner to keep the driveway clear of snow and ice, and they fail to do so. In such an instance, the dominant estate owner may claim that the easement has been violated.
Resolving Property Easement Disputes
There are several methods for resolving property easement disputes. The appropriate method will depend on the nature of the dispute and the parties involved. Some of the most common methods for resolving property easement disputes include:
Communication
Often, easement disputes can be resolved through communication between the parties involved. This can involve discussing the issues and finding a mutually agreeable solution that is satisfactory to both parties.
Mediation
Mediation involves a neutral third party who helps the parties involved reach a resolution. The mediator can facilitate communication between the parties and help them find a mutually acceptable solution.
Arbitration
Arbitration offers an impartial third party the opportunity to hear arguments from both sides before rendering a binding and final judgment, one that can only be challenged in rare cases.
Litigation
In some cases, disputes over property easements may need to be resolved in court. This involves filing a lawsuit and allowing the court to decide on the matter.
It’s important to speak with an experienced law firm to learn more about your legal rights and options when dealing with a property easement dispute. An experienced real estate lawyer can provide the guidance and advice you need to successfully resolve any disputes that may arise.
You will have the advantage of a lawyer who can guide you through the legal process, explain relevant laws to your case, and stand in defense of your rights if needed. Trustworthy representation ensures that all sides are being accounted for.
Steps to Take When Handling a Property Easement Dispute
If you are embroiled in a contentious situation regarding a real estate easement, here are some steps to take for the potential of resolving this issue:
Understand the Easement
Review the easement to ensure that you understand the extent of the easement and the rights and obligations of both parties.
Gather Evidence
Collect any evidence that supports your position, such as photographs, videos, or documents related to the easement.
Notify the Other Party
Notify the other party in writing of the dispute and your proposed solution. This can help open lines of communication and provide an opportunity for resolution without going to court.
Attempt to Resolve the Dispute
Try to resolve the dispute through communication, mediation, or arbitration. This can help avoid the time and expense of going to court.
Consider Alternative Dispute Resolution
Consider alternative dispute resolution methods, such as mediation or arbitration, as an alternative to going to court.
Seek Legal Assistance
If communication or third-party mediation falls short of a resolution, it may be beneficial to seek legal aid from an experienced real estate attorney. Such an individual can assess your easement agreement and offer knowledgeable advice on your rights and responsibilities in order to prevent any potential disagreements down the road.
Has your Florida property been involved in a dispute over an easement? If so, contact experienced real estate attorneys Constant Law, P.A. With a knowledgeable and experienced team on your side, you can rest assured that you’re in good hands. And with the right legal advice, you can get the outcome you deserve.
