How To Fight A Legal Battle Over An Easement

19 October 2021
 Categories: Law, Blog


One type of dispute that you might encounter with your real estate property is an easement dispute. This may occur when you do not have access to your property due to your neighbor owning the piece of land that would grant access to your property. If this is the case, you will want to as for help from a real estate attorney.

Easements Are Often a Necessity

There are several ways in which an easement can be established. For example, your easement might be established out of necessity. Without the easement, you would not be able to reach a public road, for example.

If you have been using the property in which the easement is located for a specific purpose for years, you may be granted the right to continue to use it. However, you may need to present evidence that the property was used in that way for a long time.

Some Easements Are Expressly Granted

You may also be given an express grant to use an easement. This can be found in the deed of in a contract. When you are explicitly granted access to a property, you may need to follow specific rules, as defined in the contract. 

At this stage, you may need help researching the property to determine which agreements are in place. When an agreement for an easement has been granted already, the other party will need to negotiate to end it.

Other Easements Are Implied

Depending on the nature of the property, you may have a right to an easement under state law if this right is implied. For example, if there is a single property that is divided into several smaller lots, one area might need to be accessed by you through an easement.

Another form of an implied easement is when a judge explicitly rules that you should have access. If you would like to pursue your right to an easement using these means, you will need help from a real estate attorney to fight your case in court.

How to Defend Your Right to an Easement

Easement laws are very complicated, and you will need an attorney to perform the research that is necessary to win an easement case. Your attorney will review the land title and other related documents before building your case.

You will especially need legal representation if you will be resolving a legal dispute with a business that will have their own legal  team to fight the complicated legal case.