Easement Disputes

Our firm has extensive experience in easement disputes including border dispute and landowner rights.

Sometimes, people other than the owner of a piece of property have the right to use the owner’s property. This right may be to go across the property to get to a road. It may be to park cars. It may be to install or service utility lines. A right to use property that lasts forever is called an easement. A right that lasts less than forever is called a license.  An easement can be given to a person or company (this is called an “easement in gross”) or it can be given to whoever owns another piece of land (this is called an “easement appurtenant”).

Easements may be created in a written document that is recorded in the county in which the subject property is located.  Easements may also be created by prescription (using the subject property for more than 20 years without permission), necessity (to give a landlocked property access to a public road) or by implication.  The law relating to easements is complex. There is frequent litigation about whether an easement exists, where on the property the easement is located, who has the duty to maintain an easement, whether the right is a license or an easement, whether an improperly drawn easement can be corrected, and on other easement issues.