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Common Issues Regarding Easements

Common Issues Regarding Easements

It is important to get along with your neighbors, as you often will live near them for years at a time, though different types of legal disputes can arise. One common type of dispute stems from issues regarding easements that impact both neighbors. In many cases, easement issues can be resolved fairly quickly with the right legal help. In others, neighbors might have to escalate the matter or even battle it out in court.

Easements and Common Problems

An easement is one party’s right to use another party’s land for a specific purpose. One example is when one homeowner has an easement to use the next-door neighbor’s driveway to access the back of their property. Easements can be expressly granted by written agreement or deed or even implied by past practices in certain situations.

Even though easements may be clear, there are issues that can arise, especially if one or both properties change hands. New owners might not fully understand or comply with easements, including:

  • Your neighbor interferes with your easement rights to use their property
  • Your neighbor exceeds the scope of the easement and uses your property in an unauthorized manner
  • Someone uses your property without an easement, which could be trespassing
  • Land use restrictions or zoning laws interfere with an easement or an owner’s ability to use the land

You can always start by trying to have an open and respectful discussion with a neighbor or entity to try to resolve the matter. However, if this is unsuccessful, seek legal guidance about what to do next.

Speak with an Encino Real Estate Litigation Attorney

At Urbach Law Offices, PC, our Encino real estate litigation lawyer works to resolve property disputes, including those involving easement or other neighbor or land use issues. Contact us online or call 888.212.9072 for more information today.