• Easement Rights

    Property Easement rightsQuestion: My neighbor claims that he can use the driveway on my property, but I never agreed to let him use it! Is he right? What can I do? Do I have the right to use my neighbor’s property?

     Answer:

     Unless you purchase a completely undeveloped piece of land, chances are that some person or organization can use portions of your property for certain purposes. Some of those purposes, such as a power company running a power line to your house, affect almost all property owners since every property owner wants power. The power company needs a utility easement on your property to provide it, but what about easements for other purposes?

    An “easement” is the legal right to cross or otherwise use someone else’s land for a specified purpose. An easement can range from the right to walk or drive across someone’s property to reach the main road to the right to prevent a property owner from planting trees or erecting buildings in a certain area to prevent blocking sunlight or a viewpoint. In both situations, the easement holder, who does not own the property, has certain rights over property owned by another such that the easement holder can limit the property owner’s use of the property.

    The ability to use someone else’s property, or tell a property owner how to act or not to act is the reason easements are created. Most are created in writing. However, some easements come into existence based on the actions of the parties even where there is no express or written easement or any document whatsoever. Easements can be created by implication, by prescription and by necessity, and can be implied in law or fact without express agreement in other instances. So how can you, as a property owner know whether someone else has the right to use your property or whether you have any rights over a neighbor’s property?

    If you call the Law Offices of Mark Weinstein, our experienced real estate lawyers can assist you in understanding:

    •  your rights as a property owner;
    • whether or not a valid easement exists over your property, or your neighbor’s property;
    • ways to resolve conflicting claims over easement rights;
    • the necessary steps, including litigation, that may be necessary to ensure your rights as a property owner are preserved; and
    • the answers to other questions you may have about easements or easement rights.

    If you are in conflict with a person or organization that claims to have the right to an easement over your property, or if you believe you have easement rights over property of another, such as for a driveway, a walk way or utilities, then it is imperative that you act to fully understand and protect your rights as a property owner.

    The Law Offices of Mark Weinstein have been providing guidance and representing clients since 2001 in regard to real estate matters. We are committed to fighting to ensure our clients’ rights are fully protected. Contact our office at 770-888-7707 for a free consultation. Our experience is YOUR advantage.

     

    Authors:

    Mark Weinstein, Esq.

    Brent Bartlett, Esq.

     

     

     

    Disclaimer: Information included in this site is general information only and does not constitute legal advice. In order to provide legal advice, I, or any attorney, must know all the facts of your particular case. Please consult an attorney for advice about your individual situation. This site and its information is not legal advice, nor is it intended to be. Feel free to get in touch by electronic mail, letters or phone calls. Contacting us does not create an attorney-client relationship. Until an attorney-client relationship is established, please withhold from sending any confidential information to us.
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